GREEK
HELSINKI MONITOR (GHM)
MINORITY RIGHTS GROUP - GREECE (MRG-G)
Address: P.O. Box 60820, 15304 Glyka Nera
Telephone: (+3) 010.347.22.59. Fax: (+3)
010.601.87.60.
PRESS RELEASE
30 December 2001
TOPIC: “SOUNDS OF
SILENCE”:
THE MACEDONIAN MINORITY IN GREECE IN 2001
Overview
Greek authorities continued
their efforts to deny the existence of the
Macedonian minority and to demonize Macedonian
activists, amidst a continuing climate of almost
complete silence if not outright hostility about
that minority in Greek politics, media and society.
Characteristic was the statement of the Greek
delegation during the March 2001 session of the U.N.
Committee on the Elimination of Racial
Discrimination (CERD), when the latter reviewed
Greece’s compliance with the UN Convention on the
Elimination of all Forms of Racial Discrimination:
“Reference was made by some
distinguished members of the Committee on the
existence of a Macedonian minority in Greece, and
how these provisions apply to this minority. I would
like to remind the Committee that there is no such a
minority officially recognized in Greece. And I
would like to mention that it is really embarrassing
that certain circles outside Greece, or within
Greece, certain activists try to convince the
international community that we have such a national
minority on the Greek territory. I would like to
mention that the only element that these circles
have about the existence of such a minority is that,
in the northern Greece areas, people speak a second
dialect, the Slavic dialect. However, Mr. Chairman,
nobody has asked these people if they are willing to
self-identify themselves as belonging to a different
ethnic nation. They never have expressed themselves
in favor of not being Greeks. They never expressed
themselves as having a distinct ethnic identity. And
I believe this does not do justice to this
population that, because of the geographical area
where they live, simply speaks a different dialect.
So if we agree that a very important determinant
factor for the realization, for the recognition of
the existence of a national minority is the will of
the people to self-identify themselves, I think that
we have to respect at least the wish of this
particular people, who live in these areas and who
have never expressed themselves in favor of them
belonging in such a national, a different from the
Greek nation, minority. This is the reason why
Greece consistently denies the existence of such a
group.”
In an October 2000 statement
to the OSCE, the Greek delegation said about
Macedonian activists:
“most, but not –I stress:
not — all of them pursue a policy of secession of
a sizeable part of Greek territory,”
although no activist in Greece
has ever been quoted (or even misquoted) having made
such claim. On the contrary, following their 8
October 1999 meeting with the OSCE HCNM Max van der
Stoel, the leading Macedonian and Turkish activists
stated clearly and publicly that
“Rainbow, as an organization
of the Macedonian national minority, … always
declared (and behaved in the same way) that it
respects the territorial integrity of the Greek
state and condemns all kinds of autonomist and
separatist solutions”
and
“we [the two Turkish
minority deputies Birol Akifoglu and Galip Galip]
reiterated the minority’s long-standing firm
position that… there has never been any claim for
autonomy, self-determination or secession and we
will be opposed to similar claims if they ever
arise; minorities should not be used as a pretext to
raise claims for border changes.”
Consequently, Greece’s
decision to brand any Macedonian activists as
“separatists” is an intentional defamatory
distortion of truth and a desperate but futile
effort to discredit human rights defenders, in
violation of all international norms. Greece
“arrogantly” refuses to deal with the
Macedonians’ demands, which have been acknowledged
in a supportive way even in the European Commission
against Racism and Intolerance (ECRI)’s Second
Report of Greece, released on 27 June 2000:
“5. Article 20 of the
Citizenship Code allows the government to strip
citizenship from those citizens living abroad who
“commit acts contrary to the interests of Greece
for the benefit of a foreign state”. Although this
Article is applicable equally to all Greek citizens
regardless of ethnic background, so far it has been
applied mostly to persons who identify themselves as
Macedonians. The authorities have stated that in the
period 1994-1998, Article 20 has been applied only
in very few cases. ECRI considers that more
transparency as concerns the application of Article
20 is desirable.…….
- Macedonians
24. As regards Greek citizens wishing to
express and promote their ethnic Macedonian
identity, ECRI notes that, in July 1998, the
European Court of Human Rights found Greece in
violation of the right to freedom of association,
based on her refusal to register an association
aimed essentially at promoting Macedonian culture
[See Case of Sidiropoulos and others Vs Greece,
(57/1997/841/1047)]. ECRI also notes reports of
cases where the right to freedom of expression of
this group has not been respected. ECRI encourages
the authorities to ensure that all groups in Greece
effectively enjoy the right to freedom of
association and to freedom of expression, in
accordance with international legal standards.”
To this ECRI criticism -based
mainly on information gathered from NGO reports and
meetings with minority representatives- the Greek
government’s rebuttal, incorporated in the report,
was a categorical rejection.
“In para 24, the wording
used to indicate a certain group of Greek citizens
[i.e. Macedonians], both in the title and in the
main body, betrays a certain parti pris on the part
of the drafters in a matter of known controversy. A
more neutral language is used in para, 5 and could
be used here as well: “Greek citizens who identify
themselves as Macedonians”.
Greece’s elaborate efforts
to avoid international references to a Macedonian
minority can fail, as in the case of the ECRI
report, or succeed, at least partially, as in the
case of the 2001 UN CERD concluding observations and
recommendations. In their first draft, an extensive
and comprehensive document drafted by the rapporteur
on Greece and Vice-President of CERD Yuri Reshetov
(Russia) distributd to CERD experts after the 16 and
19 March debate on Greece, the following were
included:
“14. The Committee notes
that the State party subscribes to, but is not yet
bound by, article 3 of the European Framework
Convention for the Protection of National Minorities
concerning the right of self- identification, and
that the right to identify oneself as a member of a
minority group must arise from personal conviction,
free will and choice. The Committee encourages the
State party to take note of its General
Recommendation VIII (38) in this regard.
15. On the question of
official recognition of minority status, some
members of the Committee expressed concern at the
State party’s characterisation of the ‘Muslim
minority of Western Thrace,’ notwithstanding its
historical and legal origins within the 1923 Treaty
of Lausanne, on the grounds of inconsistency with
the Convention. The Committee affirms that the
question of recognition of minorities must take into
account objective as well as subjective factors, in
the context of a wide range of relevant contemporary
international standards, including those set out in
the Convention. The Committee recalls its General
Recommendation XXIV (55) in this regard, and
encourages the State party to incorporate its terms
within its laws and policies concerning minority
populations. (…)
18. The Committee notes
with concern the limitations on the freedom of
association found by the European Court of Human
Rights in Sidiropoulous v. Greece, 10 July 1998, and
urges that this decision be widely disseminated
within and beyond legal and judicial circles and its
implications fully taken into account in legal and
policy developments affecting people of Macedonian
origin, and that information on follow-up measures
be specifically included in the State party’s next
periodic report. The Committee also recommends that
article 107 of the Introductory Law to the Civil
Code, to the extent that it arbitrarily limits the
right of aliens to manage associations, be amended
or repealed, rather than relying upon case-by-case
adjudication in the courts. (…)
28. The Committee expresses
its concern at the lack of sufficient data to enable
a detailed consideration of the specific human
rights situations of the Roma, Pomaks, and people of
Turkish, Macedonian and Albanian origin, and
requests that the next periodic report provide
comprehensive demographic data to facilitate such an
evaluation, disaggregated by race, colour, descent,
national or ethnic origin different from the
majority or from other groups in the population, and
by gender.”
The draft was edited into a
second version before the 22 March CERD session, to
incorporate comments given to the rapporteur by
other CERD experts that were reportedly all in favor
of watering it down. During the session itself, the
text was further watered down so that in the end the
above initial 384-word four recommendations were
reduced to the following 89-word two
recommendations:
“12. While noting that the
report of the State party refers to the “Muslim
minority of Western Thrace”, and within this to
Turkish, Pomak and Roma groups, and not to other
ethnic groups in the country, the Committee draws
the attention of the State party to its General
Recommendations VIII (38) on the right of each
person to self-identification and XXIV (55)
concerning article 1 of the Convention in this
regard. (…)
16. The Committee recommends
that the next periodic report provide information on
the demographic composition of the population.”
All references to a Macedonian
minority were removed, just as all explicit
recommendations on minorities in Greece that were
contrary to official Greek policy. The need for
Greece to respect the self-identification of
minorities was only implicitly mentioned in the
final version. During the debate, CERD proceeded
even to a rather rare vote on second draft paragraph
17 on Sidiropoulos et al v. Greece, an already
weakened version of first draft recommendation 18
above, no longer mentioning the Macedonian minority
by name. While, during the related debate, CERD
experts Patrick Thornberry (UK) and Mario Jorge
Yutzis (Argentina) asked the reintroduction of the
reference to the “Macedonian community,” expert
Regis de Gouttes (France) asked for the removal of
the paragraph, as he claimed it was “confusing.”
By a show of hands, the paragraph was removed. In
the end of the debate, three CERD members (Thornberry,
Yutzis and Agha Shahi from Pakistan) felt the need
to register their disapproval, another rare
occurrence in CERD meetings:
“72. Mr. Shahi regrets that,
following the removal of paragraph 17, there is no
reference in any section of the project of
conclusions that communities must be able to freely
manage their associations, namely their charitable
associations.
73. Mr. Thornberry regrets in turn that, as a
consequence of the removal of paragraph 17 and of
the fact that his proposal to amend that paragraph
was not adopted, the entire text of the conclusions
makes no mention of the Macedonian community, which,
nevertheless and in all fairness does exist.
74. Mr. Yutzis subscribes to the view expressed by
Mr. Thornberry.”
While reviewing Greece’s
record, on this and on many other topics (Roma,
Turks, migrants, etc.) where the final
recommendations were very weak compared to the first
draft, UN CERD behaved more like a diplomatic
institution, rather than an experts body that it is
supposed to be, unlike the attitude of other experts
bodies like the Council of Europe’s ECRI and ECHR
(the latter’s decision is generally consider as an
implicit recognition of the Macedonian minority
too).
The role of other Greek Human
Rights Non-Governmental Organizations
The Greek authorities’
policy to prevent as many actors as possible from
effectively defending the minority’s rights
becomes more evident when one looks at the attitude
of some other Greek NGOs. First, the oldest one, the
Hellenic League of Human Rights, founded in the
1950s, and member of the International Federation of
Human Rights (FIDH), presented an alternative report
to the UN CERD before the latter’s 2001 review of
Greece. However, the HLHR refused to take part in
the traditional NGO briefing of CERD members before
the session on Greece, attended by all other NGOs
present there –including Macedonian ones-, but
arranged separate meetings with individual members.
The report presented by the HLHR, was in principle a
surprise in general as this NGO was not known to
have dealt with similar issues in Greece. A careful
examination showed that more than half the report
was in fact copied, word-by-word, from the 2000 ECRI,
the 2001 US Department of State, and –in a few
cases- the 2000 IHF/GHM/MRG-G to the OSCE reports on
Greece; however, the texts copied were not in
quotes, nor were the sources mentioned (!).
Disregarding the latter, it was positive that the
HLHR finally started subscribing to the positions of
these organizations. Specifically, on minorities,
almost all references were copied from these
sources, but with a few but characteristic editorial
changes or choices. The HLHR followed the State
Department’s diplomatic practice of mentioning
“Macedonians” in quotes (unlike ECRI that
mentioned Macedonians without quotes), but called
their language “Macedo-bulgare” (sic), rather
than opting for ECRI’s (and all respectable NGOs)
use of Macedonian. Also, HLHR aligned itself with
the State Department’s totally unfounded claim
that harassment had ceased in 2000, the very year
two Macedonian associations had failed to register
(see below): the State Department has since blamed
the mistake on inadequate research and is expected
to correct it in the 2002 report. Genuine Greek NGOs
are however expected to do better than US
diplomacy… Follow the HLHR text on Macedonians
with the related texts from the ECRI and the State
Department reports for comparison.
Excerpts from The Hellenic
League of Human Rights (a member of the
International Federation of Human Rights – FIDH)
Alternative Report of the HLHR on the implementation
of CERD in Greece submitted to CERD March 2001.
“A number of Greek citizens
identify themselves as Turks, Pomaks, Vlachs, Roma,
Arvanites…, “Macedonians” or “Slavomacedonians.”
(…)
-Slav-speaking Macedonians
1. An indeterminate number (estimated in tens of
thousands) of citizens living in Greece, speak
Macedo-bulgare. A bilingual number of them identify
themselves as belonging to a distinct ethnic group
and assert their right to “Macedonian” identity.
The Government do not recognise the Slavic dialect
as a “Macedonian” language distinct from
Bulgarian. Members of the minority assert that the
Government pursues a policy designed to discourage
use of their dialect. Government’s sensitivity on
this issue is related to the concern that they may
have separatist aspirations. Greece’s dispute with
the Former Yugoslav Republic of Macedonia over that
country’s name heightened this sensitivity.
2. In July 1998, the European
Court of Human Rights in the case of Sidiropoulos
and others Vs Greece found Greece in violation of
the right to freedom of association, based on her
refusal to register an association aimed essentially
at promoting Macedonian culture. There are also
reports of cases where the right to freedom of
expression of this group has not been respected.
3. State authorities reaffirm
an individual but not a collective right of self
determination. It is only very recently, that state
authorities abandoned locally the policy of
harassment against the use of the language.
Complaints of government harassment and intimidation
directed against these persons decreased
significantly since 1998 and ceased in 2000.
Especially after 1996, the Greek policy concerning
the issue has changed considerably, abandoning
previous restrictions to their right of
expression.”
Excerpts from 2001 State
Department Report on Greece (SD) and 2000 ECRI
Report on Greece (ECRI)
“Significant numbers of
Greek citizens identify themselves as Turks, Pomaks,
Vlachs, Roma, Arvanites (Orthodox Christians who
speak a dialect of Albanian), or “Macedonians”
or “Slavomacedonians.” (…) Northwestern Greece
is home to an indeterminate number (estimates range
widely, from under 10,000 to 50,000 or more) of
citizens who still speak at home a Slavic dialect,
particularly in Florina province. A small number of
them identify themselves as belonging to a distinct
ethnic group and assert their right to
“Macedonian” minority status… The Government
will not recognize the Slavic dialect as a
“Macedonian” language distinct from Bulgarian.
Members of the minority assert that the Government
pursues a policy designed to discourage use of their
dialect. Government sensitivity on this issue stems
from concern that members of the “Macedonian”
minority may have separatist aspirations. Greece’s
dispute with the former Yugoslav Republic of
Macedonia over that country’s name heightened this
sensitivity. [SD]
-Macedonians
As regards Greek citizens wishing to express and
promote their ethnic Macedonian identity, ECRI notes
that, in July 1998, the European Court of Human
Rights found Greece in violation of the right to
freedom of association, based on her refusal to
register an association aimed essentially at
promoting Macedonian culture (See Case of
Sidiropoulos and others Vs Greece,
(57/1997/841/1047). ECRI also notes reports of cases
where the right to freedom of expression of this
group has not been respected. ECRI encourages
the authorities to ensure that all groups in Greece
effectively enjoy the right to freedom of
association and to freedom of expression, in
accordance with international legal standards.[ECRI]
Complaints of government
harassment and intimidation directed against these
persons decreased significantly since 1998 and
ceased in 2000.[SD].
In 2001, the Minority Groups
Research Center (KEMO) published the volume Language
and Otherness in Greece (Alexandreia publisher),
with the transcripts of four closed seminars KEMO
organized in 1998, with EU funds (DG XXII), on
minority languages in Greece. However, while all but
one of these languages were referred to as languages
and with their names (Turkish, Pomak, Vlach,
Arvanite) the fourth section of the book was on
“the Slavic dialects of Macedonia.” When a
summary of the debate in the seminar on “the
Slavic idioms [sic] of Macedonia” first appeared
in Synchrona Themata (issue of July 1998-March 1999,
pp. 11-13), the seminar’s coordinator (KEMO
member, advisor to the Greek Ministry of Foreign
Affairs and Slavologist) Alexandra Ioannidou used
her own preferred terms (on how to call the language
or rather the idiom) to report what the various
speakers had said, as she explained in a footnote,
rather than the terms used by the speakers…
Moreover, following the
conviction by a Greek court, on 2 February 2001, of
Aromanian activist Sotiris Bletsas for
“dissemination of false information” for he had
distributed in 1995 a publication of the European
Bureau of Less Used Languages which mentioned all
minority languages in Greece (and the other EU
countries), the Network for Civil and
Political Rights issued a statement of protest that
made reference to the Pomak, Vlach and Arvanite
languages but omitted the Macedonian one. Likewise
for the journalist who covered the trial and
reported, outraged, the outcome: she mentioned that
the EBLUL leaflet referred to these three plus
Turkish…
Even the Greek Section of
Amnesty International has had problems with the
texts published by the organization’s
International Secretariat (AI IS). When mentioning
in the October-December 1997 issue (p. 14) and the
April-June 1998 issue (p. 7) of its quarterly
Martyries the 10 October 1997 and 18 March 1998 AI
IS appeals against the trials of leaders of the
ethnic Macedonian party “Rainbow,” the original
reference to the Macedonian language was translated
into Greek as “slavomacedonian idiom,” while the
“ethnic Macedonian” character of the party was
omitted in the Greek summaries. The Rainbow’s
acquittal, on 15 September 1998, was very briefly
mentioned in the July-September 1998 issue (p. 7),
without any reference to the ethnic Macedonian
character of the party or the language, nor any
reference to the two new related AI IS releases of
11 and 17 September 1998. Similar problems had
appeared with the translation into Greek of the AI
IS annual report’s chapter on Greece in 1998.
Finally, in March 2001, the
Greek Section of Amnesty International invited a
number of organizations to submit a joint parallel
report to the UN Committee for the Rights of the
Child, which was reviewing Greece’s compliance to
the respective UN Convention. The group of ten
draftees of what was called a “NGO Report”
included some governmental organizations but not one
minority organization, nor any NGO working on
minority rights (the latter submitted a separate
report). Naturally, in that “NGO Report” there
was absolutely no reference to any aspect of the
rights of the child related to minorities, let alone
to Macedonians, despite the known UN CRC’s
emphasis on the subject.
Freedom of Association: the
case of the “Home of Macedonian Civilization”
The “Home of Macedonian
Civilization” (Stegi Makedonikou Politismou) was
originally denied registration as an organization by
the Greek courts, between 1990-1994. Its appeal to
the European Court of Human Rights (ECHR) was
successful as, on 10 July 1998, Greece was cited for
the violation of article 11 on freedom of
association. However, the “Home of
Macedonian Civilization” has not been able to
register for over three years. All lawyers of
Florina (where the “Stegi” has its seat) have
repeatedly refused to take up the case. While courts
have twice refused the association’s request to
appoint a lawyer, despite Greece’s report to the
Committee of Ministers of the Council of Europe
indicating that courts had been instructed to
execute the judgment, and the Ombudsman’s written
opinion that there is “enough evidence that ‘no
lawyer is found’”.
The chronicle of the related
events is enlightening (all 2001 activities were
carried out on the initiative of and in cooperation
with GHM and MRG-G):
· Between March 1998 and
April 2000, the “Stegi” contacted various
lawyers of the Florina Bar Association so as to find
someone willing to process the registration of the
association in the Florina First Instance Court. The
lawyers contacted included Mihalis Tsostkos, the
lawyer who had processed the initial registration in
the early 1990s. No lawyer accepted to take up the
case.
· On 19 April 2000, the “Stegi,”
through its Bursar, wrote to the Florina Bar
Association (DSF) stating the problem and requesting
that the Association appointed a member to process
the registration.
· On 24 April 2000, the DSF
rejected the request on the grounds that it was not
signed by at least the President and the Secretary
General of the “Stegi,” that the ECHR decision
was not appended (!) and that no evidence of the
refusal of its members was provided.
· On 10 June 2000, the “Stegi,”
through its President and the Secretary General,
reiterated the request, supplying the ECHR decision
and stating that the refusals were in oral form and
hence no evidence could be provided for them.
· On 26 September 2000, the
DSF replied that, following an investigation, it
could assert that the refusal was not general among
its members, and that, anyway, according to Article
47 paragraph 3 (sic) of the Code of Lawyers, the
responsibility to appoint a lawyer –when no one
can be found- lied with the President of the First
Instance Court of Florina.
· On 19 February 2001, the
“Stegi” made the necessary application to the
President of the First Instance Court of Florina,
attaching the related correspondence with the DSF.
· On 28 February 2001, the
President of the First Instance Court of Florina
rejected the request, on the basis of the 26/9/2000
DSF letter that mentioned that there was no general
refusal among lawyers to take up the case.
· On 23 March 2001, the
“Stegi” mailed to each of the 39 DSF members a
letter asking whether that s/he would be willing to
take up the case.
· On 24 April 2001, following
the absence of any reply to the letter, the
“Stegi” filed a related complaint to the Greek
Ombudsman.
· On 24 May 2001, the
Ombudsman sent a letter to the DSF, with copies to
the Minister of Justice Professor Mihalis
Stathopoulos and to the President of the First
Instance Court of Florina. Therein, the Ombudsman
recalled all pertinent facts, implicitly accepting
the “Stegi”‘s allegation that no lawyer was
found and asked DSF to:
“please examine the
possibility that, in reality, none of your members
is willing to take on the case. In the event that
you persist on your claim that there exists no
general refusal of your members, please inform me,
as soon as possible, about the names of the members
of your Association who are willing or who at least
do not refuse to take on the case. Please also
include information necessary for contacting
them.”
· On 1 June 2001, the DSF
replied to the Ombudsman. They first claimed that:
“we trust that that letter
(which in all honesty startled us with the direct or
indirect severity of some of your statements) is the
product of your having been misinformed by the
complainants.”
They went on unabashedly
claiming that the “Stegi”‘s problem:
“as far as we can now
conclude, was created by them and for no good
reason”
and that:
“the survey we conducted
with most of the members of the Association clearly
shows that they never received the letter dated 23
March 2001 “standing for an invitation for the
expression of interest” and our Association of
course never received such a letter.”
They then concluded as
follows:
“Therefore, we ask that you
draw your conclusions in view of all the above, and
we also ask that, as you address the complainants
mentioned above (who obviously are not bound by the
principle of good faith), you suggest to them that
they notify us BY NAME the members of our
Association whom they approached and received
negative answers, so that we can finally know
precisely how things really are and can take the
appropriate measures and so that some would stop
creating issues where none exist.
Finally, we consider
completely unfortunate your expression which
superficially refers to “matters of legality of
the actions of our Association” and we express our
great sadness that you resorted to such expressions
and conclusions in relation to the constitution of
our country which we devoutly (because of our
capacity and because of our individual
sensitivities) uphold.”
· On 19 June 2001, the
“Stegi” sent again the letter first mailed on 23
March 2001 to the 39 DSF members and the DSF office,
in a registered form this time. In the following
days, 12 letters were returned unopened as
unacceptable, while two more were returned as
unclaimed by the addresses. While there was not one
answer, negative or positive, sent to the “Stegi.”
· On 20 June 2001, the
Ombudsman wrote again to the DSF, mentioning that
the Ombudsman’s office recommended to the
“Stegi” the posting of registered letters (see
above). In this letter, again copied to the Minister
of Justice Professor Mihalis Stathopoulos and to the
President of the First Instance Court of Florina,
the Ombudsman’s office also made its opinion clear
on the substance, criticizing both the DSF and the
President of the First Instance Court of Florina’s
inaction:
“I must point out that,
according to the Ombudsman’s opinion, the repeated
steps taken by the members of HMC towards your
Association and its individual members to date have
not been effective. This fact, in principle, is
sufficient enough to lead to the conclusion that, in
this case “no lawyer is found”, as is meant in
Article 47 par. 1 of the Lawyers’ Code. Thus,
though unnecessary, once again, there is a search
for the ascertainment of the reluctance of your
members to take on this case. Moreover, the
implementation of the aforementioned provision does
not presuppose that the interested citizen (who is
guaranteed effective judicial protection by the
Constitution) must provide proof that there exists a
situation of more or less “general refusal”, as
implied in both your reply to the complainants (ref.
# 60/26-9-2000) and the decision of the President of
the relevant Court of the First Instance, in her
decision rejecting their application for appointment
of a lawyer.
Contrarily, in accordance with
the Constitutional meaning of the provision, the
appointment of a lawyer is compelled when the
interested party is unable to find proper legal
support on his own. The law does not require that he
provide indisputable verification, through written
materials or accurate dating, that he has approached
each individual lawyer of your Association.
Nevertheless, the Greek Ombudsman, in the end,
accepted your suggestion to recommend that they
reformulate their request through registered mail.
In view of the above, and
particularly of the crucial significance of this
case in terms of the sincerity of the declarations
made by Greece to devotedly observe the European
Convention on Human Rights, I think you could
contribute positively towards a resolution of the
whole matter. This could be achieved by informing,
in writing, all your members of the request made by
the complainants and by simultaneously requesting
that they respond to you in writing, within a
specified date, declaring their intentions in
assuming the relevant order.”
· On 30 June 2001, the
“Stegi” informed the Ombudsman that the 23 March
2001 letters were indeed duly distributed by the
Florina Post Office, as the latter’s director
assured them, though, since they were not
registered, his office could not provide a written
confirmation of this. The “Stegi” also mentioned
Mihalis Tsostkos as the first of the lawyers they
had contacted between 1998 and 2000, while informing
the Ombudsman that, if necessary, they could provide
his office with the name of the two other lawyers
they had contacted. The “Stegi” added that in
each case the lawyers did not outright refuse the
case but were keeping the file for months without
providing any answer. Finally, the Ombudsman was
formally informed of the mailing of the registered
letters on 19 June 2001, and of the return as
unacceptable of 12 unopened letters, which made
perfectly clear that there was a general refusal by
Florina lawyers and that the DSF was not sincere in
its arguments to the Ombudsman.
· On 18 September 2001, the
“Stegi” appealed once again to the President of
the First Instance Court of Florina (protocol number
258), submitting all the relevant material. The
President, who had taken only 9 days to reject the
first request in Ferbuary 2001, had not sent any
reply or taken any action by the end of 2001.
· On 3 December 2001, the
Ombudsman, whose office had not heard from the DSF
since June 2001, was formally informed on behalf of
the “Stegi” of all (non-)developments since its
last letter.
From all the above, it is
evident that the Florina Bar Association and the
President of the First Instance Court of Florina
defy the law and Greece’s international
obligations by effectively denying the Macedonians
their right to freedom of association. While the
Greek state, in the person of the Minister of
Justice, although informed even by its own
Ombudsman, does not take any action to rectify the
situation, hence becoming an accomplice to this
human rights violation.
While one would have expected
the Greek state to behave differently, honoring its
obligations and its written assurances that it will
implement the ECHR decision, the attitude of the DSF
is certainly not surprising. Its extremely hostile
statement, issued in September 1995 after the
Macedonian political party “Vinozhito” (Rainbow)
had put up a sign in its Florina office with
inscription also in the Macedonian language, showed
that the Florina lawyers have, collectively, a
negative attitude to minority rights, and hence to
democracy and to the constitutional and
international human rights obligations of Greece:
“The members of the Bar
Association of Florina,
On the occasion of the action
carried out by very few persons, hirelings of
foreign aims and interests, to hang up a sign
written in a foreign language at a central point of
our town, convened at a general meeting and
unanimously decide the following:
A: They castigate and condemn
the action carried out by the members of the Local
Committee of the RAINBOW party to hang up at the
offices of their party a sign written in the
language of FYROM which is non-existent for us and
giving our town a Slavic name and not Florina, as it
is known since the dawn of its history, as a
successor of Heraclea Lynghistic.
B: They declare towards all
directions, that the inhabitants of this land where,
through a process of tens of centuries, a style of
life and an ethos of persons have been formed which
are only Greek, are not going to tolerate similar
actions on the part of anybody.
C: Finally, they call upon
those imprudent persons who renounce their own
country, to pull themselves together and stop
provoking; otherwise they will find themselves up
against the entirety of the Florina People.
The members of the Bar
Association of Florina”
Freedom of Association: the
case of the “Rousalii” association
Judge Theodora Sakellariou of
the Single-Member Court of First Instance of
Salonica, on 31 March 2000 (decision 8332/2000),
refused to register the Macedonian cultural
association “Rousalii” from Koufalia, Greater
Salonica, whose aim was the “highlighting and the
promotion of traditional values of the local
culture” (as mentioned in their statutes submitted
to the court for approval on 14 October 1999,
protocol number 36976). According to the court
transcript obtained in 2001 by GHM and MRG-G, the
reasoning that the court gave for the rejection was
that:
“it is not possible to say
with certainty whether this purpose is compatible
with the laws of the moral and public order,
something which is examined in all cases of union
recognitions.”
The “Rousalii” members
were disheartened by the decision and did not file
any appeal.
Preventing the use of
Macedonian names
Macedonian first names are
discouraged even today, while the recovery of
Macedonian and Bulgarian last names forcefully
converted into Greek ones in the 1920s and 1930s is
made impossible by Greek authorities, which
deliberately harass individuals who make such
demands.
In the first attempt to
recover a Bulgarian name, the request was rejected
and the individual was harassed. This was the case
of Nicholas Stoidis, who on 5 July 1996 filed to
change his name back to Stojanov, his
grandfather’s name, which had been forcefully
“Hellenized” in 1913. In the application he
argued, inter alia, that his current name (Stoidis)
reflects “a Pontic origin” –an accurate claim-
which “is not desired” given his “indigenous
Bulgaromacedonian” origin. The prefect of Pella,
on 16 August 1996, rejected his request, based on
citizens’ and associations’ objections which
were never given to Stoidis. Subsequent appeals to
the Secretary General of the Region of Central
Macedonia, the Ministry of the Interior and
ultimately the Council of State (supreme
administrative court) were rejected in 1996-1998,
with the latter stating that:
“the issue of the indigenous
Bulgaromacedonians has definitely closed with the
Treaty of Neuilly in 1919.”
Soon after its initial
submission, Stoidis’ request was leaked to the
media, after which those objecting his request
harassed him. In addition, Stoidis discovered
that in the file with the rejected application there
was a letter that he had addressed to the president
of a neighboring country. He asked that this letter
be removed from the whole file and be given back to
him, and he also asked for clarification as to why
this letter had been included in his application
file in the first place. The prefecture told him
that this letter was sent to them anonymously,
“but it constitutes an
indispensable part of the whole process and should
not be removed.”
Stoidis asked the Ombudsman to
examine the circumstances of the illegal way this
letter had been obtained in the first place
(implying mail fraud and involvement of the National
Intelligence Service), and to intervene for the
removal of the letter from the file. The existing
legislation that prohibits the use of evidence that
has been illegally obtained, means consequently that
possession of this evidence by the authority in
question is also prohibited, stated the Ombudsman.
At the same time, in the rare
occasions that, despite the prevailing hostility
towards such actions, parents want to christen their
children giving them Macedonian names, the (civil
servants) Orthodox priests refuse to do so and often
end up arbitrarily giving Greek equivalent names. In
2001, GHM and MRG-G were informed of two such recent
cases. On 23 April 1998, in the Meliti (Florina,
Western Macedonia) St. George church, the priest
imposed the name of Domna to the infant girl of
Evangelos and Elizabeth Anastasiadis who wanted to
name her after her grandmother Donka. In 2000, in a
church in the Eordaia (Western Macedonia) area, A.
H. and A. M. wanted to name their daughter Sultana.
The priest objected saying that
“it is high time we stop
using these Turkish, Slavic and other names village
people tend to prefer.”
Only following a protracted
argument and the intervention of other priests, did
he proceed naming the child Sultana. The vagueness
of the latter information is due to the fact that
parents are reluctant to report such incidents out
of fear: in this case, they agreed to the use of
what is reported above, while in other cases they
refused to be quoted even that vaguely.
Non-recognition and hostility
towards the Macedonian language
Greece usually does not
consider Macedonian as a language. For example, in a
letter of the Greek Liaison Office in Skopje to the
G4 Directorate of the Greek Ministry of Foreign
Affairs (protocol number ??687/11 May 2000),
concerning allegations about the harassment of an
Albanian journalist citizen of Macedonia who had
applied for a visa, the Macedonian language spoken
in the Republic of Macedonia is referred to as
“local idiom.”
Consequently, the newly formed
–in Florina- Department of Balkan Studies of the
Aristotle University of Thessaloniki, teaches as
“Balkan languages” Albanian, Bulgarian,
Romanian, Russian [sic], Serbian, and Turkish, but
not Macedonian. Likewise, courses on Albanian,
Bulgarian, Romanian, Russian, Serbian, and Turkish,
but not Macedonian poetry, prose and theater are in
the program. A notorious nationalist historian
heads the department, while its staff include
researchers of state institutions with published
work hostile to the Macedonian minority in Greece,
if not the existence of the Macedonian nation.
Given that the use of the
Macedonian language is viewed with suspicion, many
Macedonian children living in Greece are reluctant
to speak Macedonian in public, out of fear of
acknowledging that they are Macedonian. In addition,
children are discouraged from speaking Macedonian at
home by Greek teachers in schools. This fear to
acknowledge their identity can only serve to impede
Macedonian children’s development. Anthropologist
Maria Yiannisopoulou, of the state National Center
for Social Research (EKKE), did her fieldwork in the
area of Almopia (Pella District, Central Macedonia).
She reported:
“Generally the children
under the age of 15 do not want to use the local
[language] in public and even in private family
places. They have connected this language with
specific discriminations based on their descent. At
school even the teachers are censoring the students
because their accent betrays them. The accent is
really something hard to hide. And this is the
reason why the school puts pressure on them not to
speak ‘the local’ at home: it causes problems
when trying to learn the Greek language. Some of the
teachers ask from the Ministry of Education to
handle this matter…. Officially this language is
no longer forbidden since the 1980’s. For many
though, it carries with it memories of the fear of
oppression. As for the rest, the refugee population,
they rarely tolerate it. They identify it with the
word ‘Bulgarian’ and with any danger they
perceive as coming from the other side of the
borders.”
GHM/MRG-G regional monitors,
in August 2001, have recorded statements that,
during the school year 2000-2001, in the Variko
Primary School (Florina, Western Macedonia),
reportedly:
“teachers told pupils not to
speak their mother tongue and tell their family at
home to do likewise as they hinder the pupils’
further education;”
A kindergarten teacher told
the children that Macedonian songs:
“were remnants of Second
World War occupation by Bulgarians, and since they
did so much harm to us, we should forget these
songs;”
In Koufalia, near Thesaloniki:
“some schoolteachers
reproach to pupils their heavy foreign accent in
Greek and blame it on the elderly who teach children
this ‘Bulgarian idiom.’”
Moreover, the Greek government
has persistently refused to allow the teaching of
the Macedonian language in schools, even in villages
where the majority of inhabitants speak Macedonian.
The Greek government, via its Spokesperson Minister
for the Press and the Mass Media Dimitris Reppas,
refused an appeal by the European Parliament’s
“Green and European Free Alliance” group to
Prime Minister Costas Simitis, in May 2000, for the
recognition of the Macedonian language and its
introduction in the education system.
Finally, charges pressed in
1995 by “Rainbow” leaders against suspected
perpetrators, accomplices and instigators (which
included the local mayor and bishop) of the sacking
of the offices were quashed on 27 October 1999 by
the Council of Misdemeanor Judges of Florina, which
saw no reason to even set a trial date. Explaining
their decision, the judges argued, inter alia, that
the reactions of individuals and groups in Florina
were justified by the fact that the sign was
provoking concern to them. So inflammatory and
defamatory statements (e.g. “anti-Greeks!,”
“traitors!,” “you will die!”) and incitement
to violence by priests, local authorities etc. were
considered in this case “objectively necessary to
express their disapproval of the raising of the
so-called minority issue.” On 5 April 2000, the
Council of Appeals Judges of Kozani reiterated the
quashing of the charges. The “Rainbow” leaders
appealed to the Supreme Court on 4 May 2000: no date
for the hearing is known to be set through the end
of 2001.
Refusal of visas to a
Macedonian theater company invited to perform in
Xyno Nero, Florina
The Home of Macedonian
Civilization (the “Stegi”) invited the theater
company Skrb i Uteha based in Skopje (Macedonia) to
perform in a festival in Xyno Nero, Florina, on 21
September 2001. The filing of applications for Greek
visas with the Greek Consulate in Skopje by the
company members was refused. In the words of the
theater’s arts director Tihomir Stojanovski, in a
letter to Greek foreign minister George Papandreou:
“When on 10 September 2001
we presented the documents for a Greek visa, the
Greek conslar official did not want to receive them
with the explanation that in that part of Greece,
the Ministry of Culture of Greece does not allow
theatrical groups to present a theatrical
performance. Moreover, I am not very happy to wait
in front of the Greek Consulate office in Skopje and
some official, perhaps because of some personal
anger, to throw my documents and to demean me.”
Following the latter, the
theater company was kindly received at the Greek
Consulate, and was requested the list of
participants for the performances. They were told
that the list will be sent to the Ministry of
Culture of Greece in Athens, but were never issued
the visas, nor given any written explanation. Two
additional invitations for a November 2001 and a
December 2001 performance had the same inconclusive
result. On 25 November 2001, GHM filed a related
complaint to the Ombudsman on behalf of the “Stegi.”
_________________________________________________________________________________
GHM and MRG-G would
like to gratefully acknowledge the support of the
Macedonian Human Rights Movement of Canada to their
monitoring of Greece’s Macedonian minority in
2001. A special webpage on Macedonians in Greece is
available at: http://www.greekhelsinki.gr/bhr/english/special_issues/macedonians_in_greece.html
All relevant documents (state and NGO
reports, press releases, summary records and
concluding recommendations) can be found at: http://www.greekhelsinki.gr/bhr/english/special_issues/cerd.html
Debate on Greece at UN CERD 16 & 19 March
2001 (transcription by GHM/MRG-G), p. 49.
Statement by the Greek Delegation, Warsaw, 25
October 2000 (http://www.greekhelsinki.gr/english/pressrelease/GD-25-10-2000-osce2000.html).
Press Release of Rainbow on the Meeting with
the OSCE HCNM, 11/10/1999, available at:
http://www.greekhelsinki.gr/english/pressrelease/rainbow-11-10-1999.html
Statement of the Minority Deputies Birol
Akifoglu and Galip Galip on the Meeting with the
OSCE HCNM, 11/10/1999, available at: http://www.greekhelsinki.gr/english/pressrelease/min-dep-11-10-1999.html
European Commission against Racism and
Intolerance (ECRI), Second Report on Greece,
released on 27 June 2000, http://www.ecri.coe.int/en/08/01/14/CBC2%20Greece.pdf
“Greece: Draft Concluding Observations by
the Country Rapporteur” [no specific day
mentioned] March 2001.
Concluding Observations of the Committee on
the Elimination of Racial Discrimination: Greece.
22/03/2001. CERD/C/58/Misc.24/Rev.3, available at:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/d3fcc3818953c1c0c1256a18005a1218?Opendocument
Translated from French into English by GHM
and MRG-G from: Compte rendu analytique de la 1462ème
séance : Georgia, Bangladesh, Greece. 22/05/2001.
CERD/C/SR.1462. (Summary Record)
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/bcd5aa7d9b51e5c8c1256a6400347157?Opendocument
For the Bletsas case see a series of
documents in http://www.greekhelsinki.gr/bhr/greek/special_issues/vlachs.html
I. Lazaridou “15-month jail sentence for
minority languages” Avghi 3 February 2001, at:
http://193.218.80.70/cgi-bin/hwebpressrem.exe?-A=243033&-w=????????_&-V=hpress_int&-P
Case of Sidiropoulos and Others v. Greece
(57/1997/841/1047) available at:
http://hudoc.echr.coe.int/Hudoc1doc2/HEJUD/199902/sidiropoulos%20and%20others.jud%20batj.doc
Letter to the Greek Ombudsman by the “?ome
of Macedonian Civilization,” 24 April 2001; and
letter by the Ombudsman to the Florina Bar
Association, copied to the Minister of Justice and
the President of the Florina Court of the First
Instance, 20 June 2001.
All related correspondence, in its original
Greek version, is available at:
http://www.greekhelsinki.gr/bhr/greek/special_issues/stegi_makedonikou_politismou.html;
while the exchange between the Ombudsman and
the DSF is also available in English in:
http://www.greekhelsinki.gr/bhr/english/special_issues/home_of_macedonian_civilization.html
The 12 lawyers who returned the letters
unopened and with a postmark of unacceptable were:
Platon Hatzipavlidis, Sotirios Perkas, Diomidis
Panagiotidis, Athanasios Paraschis, Ioannis Kosmatos,
Elisavet Savvidou, Vasiliki Ditoura, Efthimia
Rizidou, Dimitra Dimitriou, Evangelos Harisis, Ilias
Kanelopooulos, and Mihalis Tsotskos –the lawyer
who had represented the “Stegi” in its first
1990 application, and who is also a former Secretary
of the Florina Prefecture Committee of the governing
party PASOK and former PASOK candidate in
parliamentary elections. The two lawyers who did not
collect from the Post Office the registered letters
addresses to them were Vasiliki Boulbou and
Dimitrios Stefanidis. There was actually one reply
by Anastasios Hatzihristos indicating that he was no
longer a lawyer, as he had become a notary.
No date mentioned in the original, published
in the local media in September 1995; text reprinted
from GHM and MRG-G Greece Against its Macedonian
Minority: The “Rainbow” Trial (ETEPE, Athens
1998), available at:
http://www.greekhelsinki.gr/pdf/rainbow-english.pdf
The “Rousalii” statutes and the court
transcript are available, in Greek, at:
http://www.greekhelsinki.gr/bhr/greek/special_issues/rousalii.html;
http://www.perseas.gr/2001/08/stoidis.htm
GHM and MRG-G, “Report about Compliance
with the Principles of the Framework Convention for
the Protection of National Minorities,” 18
September 1999, p. 44,
http://www.greekhelsinki.gr/bhr/english/countries/greece/fcnm_report.doc.
The Greek Ombudsman, ?????? ?????? 2000
(Annual Report 2000), p. 66, at: http://www.synigoros.gr/annual00/E1.pdf
Information collected by GHM/MRG-G regional
monitors during interviews with the parents on 1 and
6 August 2001 respectively.
http://www.auth.gr/balkan/en_S-PgmSemAll.htm
(in Greek) http://www.auth.gr/balkan/S-CoursesPerSem.htm
Maria Yiannisopoulou, “? ?????????????
??????????. ???????: ????????, ????? ??? ??????,”
(The Anthropological Approach. Almopia: Past,
Present and Future) in National Center for Social
Research, ????????? ??? ????????, ????????? ???
????????, (Macedonia and Balkans, Xenophobia and
Development), Alexandreia, 1998, pp. 330-426.
GHM/MRG-G interview with Nikolaos Vasiliou and
Dimitrios Denas, 3 August 2001.
GHM/MRG-G interview with A.M., 4 August 2001.
GHM/MRG-G interview with Dimitrios Hatzarlis, 5
August 2001.
Avghi, 26 May 2000 http://193.218.80.70/cgi-bin/hwebpressrem.exe?-V=hpress_int&-A=217022&-P