Doc. 10538
3 May 2005

The provisional name of the Republic of Macedonia in the Council of Europe

Motion for a recommendation
presented by Mrs Petrova-Mitevska and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

According to Resolution 817 (1993) of the United Nations Security Council, the Council of Europe has accepted the decision, by which the Republic of Macedonia is not referred to with its constitutional name chosen by its citizens, but with a reference. Resolution (95) 23 adopted by the Committee of Ministers on 19 October 1995 at the 547th meeting of the Ministers’ Deputies, by which the state is invited to become a member of the Council of Europe, emphasises that it will be “provisionally referred to as ‘the former Yugoslav Republic of Macedonia’”. The solution which is a unique case and exception regarding the right of expression of the personal identity in the Parliamentary Assembly of the Council of Europe, has been disputed and criticised on many occasions:

1.       The rapporteur, Mrs Lentz Cornette (Luxembourg, Group of the European People’s Party) in the introductory memorandum of the report on the application of the former Yugoslav Republic of Macedonia for membership of the Council of Europe (Doc. 7371 of 7 September 1995), states in item 31 that the designation of Macedonia by its constitutional name is an issue which ought to be resolved and which should not in any event present an intractable problem for the Council of Europe. During the debate on full membership in the Council of Europe of the Republic of Macedonia, Mr Gross (Switzerland, Socialist Group) submitted an amendment in the Parliamentary Assembly on 27 September 1995 to recognise the right of the people to call its state by the preferred name, but it was not adopted. The resolution and recommendation on membership have been adopted unanimously, and Lord Finsberg (United Kingdom, European Democratic Group) was asked for an explanation of his vote (Official Report, 29th Session of the Parliamentary Assembly of the Council of Europe, AS 1995/CR 29). In the words of Lord Finsberg, he, as many others, dearly wished to vote for the amendment calling for the name Macedonia, but was not prepared to risk the blackmail and veto of the accession that might have followed. That is why he did not pursue that course, but was ready, if the negotiations mentioned in the Interim Accord done in New York on 13 September 1995 are prolonged for more than six months, to table a motion for a resolution, which will take the matter much further.

2.       A year after, and after the death of Lord Finsberg, a draft reply to Written Question No. 14 (96) was given by the Earl of Dundee (United Kingdom, European Democratic Group) to the Committee of Ministers on the provisional name of the state contained in Resolution (95) 23. It states that no agreement is reached and signs are noted of the relaxation of tension and normalisation of relations between the states involved in the difference in question. At the same time, hope is expressed that the issue contained in the resolution might be considered in the near future.

3.       The Rapporteurs, Mr Dumitrescu (Romania, Socialist Group) and Mr Sinka (Latvia, European Democratic Group) in item 105 of the conclusions in their memorandum of the report on the honouring of obligations and commitments by “the former Yugoslav Republic of Macedonia” (Document 8669 of 15 March 2000), emphasise that due to the internal fragile equilibrium of the forces, full integration of the Albanian and other minorities must continue, with full respect of the rights and freedoms of all citizens. According to their opinion, the international community must support and stimulate this development. One of the most obvious acts to encourage the country would be to promote the recognition of its proper name, namely “Republic of Macedonia”, and also think that the Parliamentary Assembly should take an initiative in this respect.

4.       The Rapporteur of the Committee on Legal Affairs and Human Rights, Mr Jurgens (Netherlands, Socialist Group), in the report on repayment of the deposits of foreign exchange savers in the offices of Ljubljanska Banka not on the territory of Slovenia (AS/Jur 2003 51, dated 18 December 2003), in the addendum to the introductory memorandum, explicitly states that the use of the denomination “the former Yugoslav Republic of Macedonia” is ridiculous, since the name “Yugoslavia” itself is not used any more. Therefore, he consistently uses the name “Macedonia” as the member state concerned calls itself.

5.       In the third report on Greece of the European Commission against racism and intolerance (ECRI, 5 December 2003), it stated that today in Greece the persons wishing to identify themselves as Macedonians, Turks or other, are subject to prejudices and stereotypes and sometimes face discrimination and interference with the freedom of association and expression of members of the Macedonian and Turkish communities living in Greece, as well as to examine the allegations of discrimination and intolerance acts, and to take appropriate measures to punish such acts. ECRI strongly recommends that the Greek authorities open a dialogue with the representatives of the Macedonians in order to find a solution to the tensions between this group and the authorities.

6.       In an open letter – the appeal to Mr Walter Schwimmer, Secretary General of the Council of Europe of 25 March 2004 from the Helsinki Committee for Human Rights of the Republic of Macedonia, the Greek Helsinki Monitor and the International Helsinki Federation, a disappointment is expressed with the contents of document No. EB (2004) 05, dated 2 March 2004, and signed by the Director of the Private Office of the Secretary General, and points to the fact that a number of international conventions protect the right of freedom of speech and expression and demand elimination of all forms of discrimination. They expect that the Council of Europe will act in such a way that will put an end to the unenviable situation in which the Republic of Macedonia has been placed and that it will be overcome in the spirit of the fundamental principles of the Council of Europe.

Having in mind the leading role of the Council of Europe in the creation and implementation of the European principles and commitments for non-discrimination and combat against all forms of racism, xenophobia and intolerance towards expression of identity of the citizens, and consequently of their states,

Acting in accordance with the declared readiness of the Parliamentary Assembly for support for the stability of the Republic of Macedonia and the region generally,

Having in mind that ten years is a period of time that overcomes the common meaning of the word “provisional” contained in Resolution (95) 23 of the Committee of Ministers of the Council of Europe for the reference with which the use of the constitutional name of the Republic of Macedonia within the Council of Europe is avoided,

Indicating that the reference “Yugoslavia” is not used today for any entity and that any further artificial retention and imposition on any former Yugoslav republic is inexcusable,

The Parliamentary Assembly recommends leaving out the prefix before the constitutional name of the Republic of Macedonia and to adopt and use such reference for all purposes in the Council of Europe.

Signed 1:

1     SOC: Socialist Group
      EPP/CD: Group of the European People’s Party
      LDR : Liberal, Democratic and Reformers’ Group
      EDG: European Democratic Group
      UEL: Group of the Unified European Left
      NR: not registered in a group