The proposed final agreement of the differences between the Hellenic Republic and FYROM (“the proposed agreement”) is earmarked for execution by the respective countries Prime Ministers this Sunday 17 June 2018. Whilst the proposed agreement has only recently been released and further time will be necessary to digest its legal intricacies an initial legal summary of the agreement is enclosed. By no means is this intended to be a full analysis of the proposed agreement.
State Name
FYROM will be formally called the “Republic of North Macedonia”. There is no reference in the document to “Severna Makedonija” as previously stated by the Greek government. It is agreed by all parties that the name North Macedonia will be used erga omnes meaning that it will be the name used by all states and by everyone inside and outside FYROM. FYROM will also be required to amend its constitution to reflect such a name change.
Greece has conceded use of the term “Macedonia” whilst FYROM has conceded to adopt the word “North”. The adoption of a new name erga omnes is a positive step as previously FYROM refused to have any proposed name change erga omnes. All states that have previously recognized FYROM as “Republic of Macedonia” will now refer to it as “North Macedonia”. I disagree with the proposed name and if there was no other option but to have the name “Macedonia” conceded then I think the correct prefix would need to be “Slavic” or at the very worst "Vardaska" or “New”.
Nationality
The proposed agreement stipulates that the citizens of FYROM will be referred to as “Macedonian/citizen of the Republic of North Macedonia”. This will be registered in all travel documents including passports. The proposed agreement does not refer the citizens of FYROM as plain “Macedonian” but adds the reference to “citizen of Northern Macedonia”. Whilst all travel documents will have such full reference it may expected that over time the reference to nationality by international media will retain the current customary reference to “Macedonian”.
Language
The parties propose that the official language of FYROM will be referred to as “Macedonian”. Article 7 (4) makes it clear that FYROM acknowledges that its reference to “Macedonian" language is a South Slavic language and in no way related to ancient Hellenic civilization of the northern region of Greece. The proposed agreement refers to the “Macedonian language” being recognized by the Third United Nations Conference on the Standardization of Geographical Names that took place in Greece in 1977. Having undertaken a quick search and review of the available conference papers it seems that:
- the conference was chaired by Professor L.N Mavridis;
- there indeed was references to the adoption of the “Cyrillic Macedonian language” as a language existing in Yugoslavia; and
- there seems to be no objection on the use of the name “Macedonian” raised by Greece in its official delegation paper nor by L.N Mavridis in his chairperson address.
Whilst I reserve the right to further examine the said conference and its published resolutions before adopting any formal conclusions, it seems that this conference could be used to indicate some form of acquiescence and as such exert pressure on Greece. However, by no means can its resolutions or findings be legally binding on Greece today and to state so is legally wrong. The reference to the language of FYROM "as Macedonian" is unnaceptable. At the very worst it should be referred to as "Slavic-Macedonian".
Effect on Diaspora organizations
Arguably, pursuant to Article (1)(3) FYROM diaspora organizations that are in any way funded by FYROM will be required to adopt the reference to “Northern Macedonia”. Practically this will be very hard to police. Moreover, if such organizations are not funded by the FYROM government then they will not have to adopt such name change.
It should be noted that the proposed agreement makes no reference nor impose any restrictions on the use of the name Macedonia by Greece and Greek community organizations abroad.
Territorial integrity
The proposed agreement makes it clear that each party irrevocably recognizes each other’s borders and does not have any claim against the other’s territory. Most importantly the proposed agreement makes it clear that neither party shall allow its territory to be used by any group or individual to carry out subversive and secessionist actions against the other party. As such, a reference by any FYROM group to liberating “Aegean Macedonia” will be illegal. Whilst this is a positive clause we will need to see how this will be adopted and enforced by FYROM legislators and courts.
Use of the term “Macedonia”
Article 7 makes it clear that each party has a different understanding, historical and cultural context of the use of the term “Macedonia”. The use of the term in northern Greece is said to refer to Hellenic civilization from antiquity to today, whilst FYROM acknowledges no such claim.
Cultural Monuments and Use of the Star of Vergina
Regarding cultural monuments, statues etc. referring to Hellenic history and civilization Article 8 requires FYROM to “take appropriate corrective action to effectively address the issue and ensure respect for the said patrimony”. Effectively FYROM will need to either remove these or acknowledge their Hellenic nature. On a further positive note FYROM will not be permitted to use the Star of Vergina on its territory.
Ratification of this agreement by Greece
Despite this agreement being executed in the next few days it will only be ratified and become binding on Greece if:
- FYROM ratifies it in their parliament;
- FYROM (if it decides to do so) holds a referendum;
- FYROM undertakes all necessary constitutional amendments; and
- It is adopted by a majority resolution of the Greek parliament.
Summary
The naming dispute with FYROM has been exacerbated by the inaction by respective Greek governments. Over many decades all Greek governments have failed to correctly deal with this issue. Many decades ago they remained silent when it was unwise to do so. In recent decades they failed to resolve the issue when it was beneficial to do so because they refused to put the nation's interest over voter backlash. Whilst the proposed agreement tries and does deal with some important issues to the benefit of Greece, it does contain major flaws with regard to language and nationality that at the very least should be amended. In its current form, this agreement should not be ratified by the Greek parliament.
Vasilis Theodosiou Giavris
(Lawyer & Political Scientist)
