When it comes to legal certainty and constitutional guarantees for the interethnic reality in North Macedonia, developments seem to be unfolding that, instead of moving the country forward, could generate tensions we have already seen or remember well. What stands out is a clear trend toward a new constitutional “reform” intended to challenge Albanian demands for the respect of the existing social contract, under which, for example, the Albanian language is also official. The main actors in this drama are no less than the head of the Constitutional Court, the Minister of Education, and the Macedonian Prime Minister, who have long treated Albanian as caught between their hammer and anvil.
By Seladin Xhezairi
North Macedonian Prime Minister Hristijan Mickoski recently chose the parliamentary podium to reignite debate over the official use of the Albanian language. He invoked, I would say in an overstated but technically accurate way, the Constitution of the First Republic of Macedonia (1991) — yet without referring to the V Amendment adopted in November 2001, after the Ohrid Framework Agreement.
To be more precise: Mickoski addressed Albanian opposition deputies with a chilling confidence:
“I do not know why you are concerned, but according to the Constitution, the official language throughout the country is Macedonian and its Cyrillic alphabet. In municipalities where more than 20% of the population belongs to a given community, the language of that community is also used,” declared the Prime Minister.
This position reflects Article 7 of the Constitution as it stood before the end of 2001:
“In the Republic of Macedonia, the official language is Macedonian and its Cyrillic alphabet. In local self-government units where members of communities live in the majority, alongside Macedonian and the Cyrillic alphabet, the language and alphabet of those communities are used in accordance with the law.”
However, after the Ohrid Agreement (August 13, 2001), mediated and guaranteed by the international community — particularly the US and the EU — the Macedonian Assembly amended the Constitution. The new preamble and the V Amendment replaced Article 7:
“Throughout the territory of the Republic of Macedonia and in its international relations, the official language is Macedonian and its Cyrillic alphabet. Any other language spoken by at least 20% of citizens is also an official language, together with its alphabet, as defined by this article. Personal documents for citizens speaking an official language other than Macedonian are issued in Macedonian and its alphabet, as well as in the citizen’s language and alphabet according to the law. Citizens living in local self-government units where at least 20% of the population speaks a different official language may communicate in any of the official languages. Regional offices of ministries respond both in Macedonian and in the official language used by the citizen. Every citizen can use one of the official languages in communication with ministries, and ministries respond in Macedonian and its Cyrillic alphabet, as well as in the official language used by the citizen.”
From the above, it is clear that current debates — or more accurately, resentments — are being fueled by Macedonian political circles that, one could argue, are pushing a dangerous trend toward rewriting history and undermining the Ohrid Agreement. This is especially concerning as Prime Minister Hristijan Mickoski’s latest stance aligns with that of the Constitutional Court head D. Kostadinovski and the Minister of Education V. Janevska, who seem determined to ignore the legal framework established 15 years ago.