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The Rights of Minorities in Greece

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The Rights of Minorities in Greece International Journal of Scientific & Engineering Research, Volume 4, Issue 12, December-2013 822 ISSN 2229-5518 The Rights of Minorities in Greece Ebrar IBRAIMI, PhD Abstract - In contemporary times, the European Union gives the advance to its integration process by the including the political structure alongside of its economical structure and it become most important supranational organization with the principle that it adopted as the human rights, rule of law, freedom of speech, freedom of expression, etc. This paper aims to explain the process of “Europeanization” by using the minority issue and cultural rights concept and analyze how the states integrate themselves to the “Europeanization” process by a comparison of Greece. Index terms: Minority Protection, Greece, Turks, Macedonian, Minority rights —————————— —————————— 1. The Council of Europe and member states and their peoples to the principles of a 1 Minority Protection pluralist democracy, human rights and rule of law.” The main objective of the Council of Europe The Framework Convention for the is seen in the “European Convention on Human Protection of the Council of Europe can be regarded Rights” of 1950,wherein the rights of minorities were as a belated result of the changes after 1989 in Europe. also secured essentially by employing the term As Gal asserts, the Framework Convention is a “everyone” and not expressions such as “people, milestone in converting the political declarations and public, citizen” and the like, particularly observed in intents into legal terms, thus becoming the first Article 9, 10, 11 Additional Protocol, Article 2. Against IJSERthis background, the European Commission for legally binding international instrument generally devoted to minority protection which shall be Democracy through law know as the “Venice elaborated infra. Commission”, a unit consisting of eminent jurist and However, for concerning to understand the constitutional experts set up in 1989 under the aegis urgent need to overcome divisions and conflicts in of the Council of Europe took the initiative to Europe, the Council of Europe indeed has a longer examine the proposal for a draft European history dating back to its early days of establishment Convention for the Protection of Minorities. after World War II. Though seen in the context of Nevertheless, after lengthy discussions and human rights at the time, the Council’s mission was deliberations, the Council, in October 1993, in Vienna, perceived primarily as “ (…) to achieve a greater agreed to call for a new framework convention in unity between its member states,(…) on the basis of a order to assure the protection of minorities, which specific political project: the commitment of the would also be open for signature by non-member states. 1 Ebrar IBRAIMI PhD, [email protected] IJSER © 2013 http://www.ijser.org International Journal of Scientific & Engineering Research, Volume 4, Issue 12, December-2013 823 ISSN 2229-5518 On the other hand, an idea for protection of On the other hand, the Framework regional or minority languages was proposed by the Convention does not define the subject in its text. As Standing Conference of Local and Regional such, certain states as Bulgaria, Denmark, Estonia, Authorities of Europe, which drew the draft of the Germany, Switzerland and Macedonia added their Charter of European Regional or Minority Languages interpretations of the term, which consequently which was subsequently adopted in June 1992 by the resulted in addition of declarations to the ratification Committee of ministers. of the Framework Convention and also the As Henrard asserts, in examining the Convention stipulates that every signatory report on characteristics of the Charter, it is remarkable that its implementations every five years. “(…) the Charter does not grant any rights to In general, there exist both positive and speakers of certain (minority) languages or to certain negative evaluations regarding the contribution of the linguistic groups but is focused on the languages Framework Convention is the most impact but themselves, and thus on a recognition, protection and detailed European arrangement to date inter alias promotion of multilingualism.” designated. Secondly, the Charter envisages that the The council of Europe continues to be active Contracting states can within a certain frameworks in the field; in 1997 an Advisory Committee was choose their obligations a la carte, thus leaving so designated to assist the Council of Ministers monitor much choice to member-states. As this naturally agreements, and in 1998; an intergovernmental denotes each member-states can determine itself Committee of Experts was established to deal with which languages are minority language in their minority related issues. territory. The contribution of the Charter to minority By way of conclusion, in contrast to protection seems toIJSER be modulated and balanced in arguments stating that the Council at best facilities view of its flexibility as regards state’s choosing its the work of those states which aim at ameliorating the options. In general, the Charter offers guidelines to treatment of minorities, it may be seen that the member-states on the fashion to deal with the issues Framework Convention represents a step forward in of accommodation of linguistic diversity and it internalizing the European minority policies. Besides, confirms the importance of multicultural including it may be argued that nor the documents itself, but multilingualism. the negative stances of full member as that of Greece Turning to the Framework Convention for by means of not ratifying the Convention complicates the Protection of Minorities, through close analysis, it and heralds the achievement of a unified approach in can be seen that several articles of the Framework Europe. Convention take up human rights articles of the European Charter of Human Rights while introducing at times extra requirements for securing minority rights. IJSER © 2013 http://www.ijser.org International Journal of Scientific & Engineering Research, Volume 4, Issue 12, December-2013 824 ISSN 2229-5518 2. Protection of National settled abroad for future with respect to Article 19 of Minorities in Greece the Greek Citizenship Code, which eventually came to be abolished in 1998: Greece signed the Framework Convention A person of non-Greek origin leaving for the Protection of National Minorities in Strasbourg Greece without the intention of returning may be on 22 September 1997, yet not ratified it. As per the declared as having lost Greek nationality. This also article 28.1 of the Greek Constitution, ratified applies to a person of non-Greek ethnic origin born international instruments take precedence over Greek and domiciled abroad. His minor children living Domestic Law: The generally recognized rules of the abroad may be declared as having lost Greek international law, as well as international nationality is both their parent and the surviving conventions as of the time they are sanctioned by parents have lost the same. The Minister of the statue and become operative according to their Interior decides in these matters with concurring respective conditions, shall be an integral part of opinion of the National Council. domestic Greek law and shall prevail over any The same report writes that while the bulk of contrary provision of the law. 60.00020 people who lost their citizenship under However, just as the case, if international Article 19 between 1955 and 1998; omogenis people of instruments are not ratified, the sole of provision in Greek origin who were citizens of other countries the Greek Constitution that operates concerning the could swiftly acquire Greek citizenship. These right of minorities is Article 5.2: All persons living constitute but two example of the Greek official within the Greek territory shall enjoy full protection attitudes and practices among many observed to date. of their life, honor and liberty irrespective of Yet, official voices of pro-integration in the Greek IJSERParliament are also known to have raised questions nationality, race or language and religious or political beliefs. Exceptions shall be permitted only regarding the ratification of the Convention on in cases provided by International Law. minority issues. In 1999 when MP Maria Damanaki of Though the Greek Constitution does in no the Progressive Left Coalition requested that the form or shape define “minority”, it acknowledges the Parliament discusses and ratifies the Convention, the existence of only one among the all, in religious Minister of Foreign Affairs in his written answer character, which are the Muslims of Thrace whose declared that “The ratification of the Framework right have been guaranteed the 1923 Treaty of Convention of Council of Europe is a matter time”. Lausanne. However, Greek laws use the term However, the ratification of the Convention still “omogenis” and “allogenis” when the differentiating remains to be seen while many reports make between ethnicity.18It has been noted in the 1999 reference to the necessity of the implementation of the Report of Greek Helsinki Monitor and Minority related international instruments by Greece. Rights Group-Greece that such “allogenis” Greek citizens have been stripped of their citizenship if they IJSER © 2013 http://www.ijser.org International Journal of Scientific & Engineering Research, Volume 4, Issue 12, December-2013 825 ISSN 2229-5518 3. Turkish Minority in Greece accusations, stressing that the Greek laws
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