Initial overview of the proposed agreement between Greece and FYROM

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: 

1. FYROM ratifies it in their parliament; 
2. FYROM (if it decides to do so) holds a referendum; 
3. FYROM undertakes all necessary constitutional amendments; and 
4. 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)

Standing opposed the politics of Greek populism, lies and misery

The name dispute issue with Skopje is of fundamental importance to all Greek people. Regrettably, it has been hijacked by demagogues preoccupied with fulfilling their own (and their internal/external patron sponsors) personal and political agendas. It is farcical that the major political parties in Greece do not have a uniform approach to this issue and have failed to achieve national consensus. The absence of a common front and national planning has resulted in a serious risk that Greece will be defeated in this matter. Responsibility lays on the entire political spectrum and media outlets that continue to mislead and invest in political division and commotion. 

However, the greatest problem facing Greece today is not the name dispute with Skopje – it is the economy and rapid population decline. These two problems are intertwined and directly linked to the country's foreign policy. Both have severe ramifications on our relations with Turkey, our greatest threat, and our neighbours in the Balkan peninsula. After all, the ability to exercise foreign influence is primarily dependant on the internal strength of a state and Greece, with its current social/political divisions, economic turmoil and aging population, is lacking in such dynamism. 

Similarly, population balances in the Balkans are quickly being overturned. The population of Turkey and the number of Albanians in the Balkan peninsula is rising rapidly. In contrast, in Greece there is a demographic contraction. Eurostat estimates that by the year 2080 the population of Greece will have fallen by 3.5 million! As a result, the Greek nation is shrinking with all the inevitable consequences that frequently follow. Besides, in geopolitics there are no gaps since increasing populations will always desire to fill the gaps left by declining populations.

Unfortunately, young Greek people continue to emigrate abroad, and the ones staying behind are not bearing many children. As long as the economy remains weak and unemployment high, this downward spiral will continue. The economy will remain weak if we refuse to impose the appropriate reforms and structural changes that the country needs and we continue to invest in polarisation and controversy. It will remain weak if we constantly demand change of governments, if we continue to blame others and never take ownership of our wrongdoings and seek to immediately redress them. With ongoing strikes, demonstrations, aphorisms and the politics of misery, Greece will not go forward. In such a climate of uncertainty, one cannot expect investment and growth or the return of young people to Greece. 

Issues such as sub-replacement fertility and creating incentives to attract the return of people who recently migrated abroad, including some second and third generation Greeks living abroad, remain outside the political agenda. The reason they do so is simple. These issues do not sell, they do not polarise, they do not immediately bring party political benefits. A protest rally for these issues will never take place and as long as Greeks continue to focus on the tree and lose sight of the forest, this will never change. 

Within this fluid state, Greece is today called upon to carefully manoeuvre between the Scylla of populism and the Charybdis of deceit whilst simultaneously standing its ground in an aggressive neighbourhood. But today cannot come from yesterday only nor from the proponents of loud, proud and ignorant. The future cannot be built on jingoisms, whipping up passion, lies and false dilemmas. The power of Greece is commensurate with its knowledge. As long as the citizens of Greece permit themselves to be deceived by populism, by false and misleading media reports and Facebook rants, the country will remain weak and its citizens will continue to suffer. 

It is imperative that we stand up and oppose those who wish to immobilize every attempt to escape our current predicament. That we oppose the cycle of fanaticism, misinformation and instability. Let us refuse to adhere to hollow reflex politics. Against populism, lies and misery, let us uphold a new patriotism. A new patriotism based on the renewal of knowledge. One that is not afraid to speak the truth and is able to balance vision and popular desire with diplomacy and realism. 

Vasilis Theodosiou Giavris

(Lawyer - Political Scientist)

Melbourne, February 15, 2018