7.08.08 - 16:50 Comment by AUSTRALIAN MACEDONIAN HUMAN RIGHTS COMMITTEE

Letter by the President of the European Commission – Jose Manuel Barroso

2 August 2008

The Prime Minister of the Republic of Macedonia, Mr Nikola Gruevski, recently sent a letter to the European Commission’s president, Mr José Manuel Barroso regarding the human rights problems confronting the Macedonian minority in Greece. In the letter the Prime Minister states:

    The Government of the Republic of Macedonia appeals, within your competences, to personally engage for Greece’s strict obeying of the obligations stemming from international instruments regarding human rights, with special emphasis on free expression of ethnic identity and all rights stemming from that. Our expectation is Greece, as a member of the EU and NATO, to start dialogue which will lead to meeting the recommendations of the European Commission.

In response the President of the European Commission, Mr Barroso replied with the following:

    …it is important to clarify that the European Union has no general competence to deal with issues such as identities of minorities, their rights, acquisition of citizenship and restitution of properties, arising in its Member States. This is the primary responsibility of the Member States in the light of their constitutional traditions and international obligations.

This is an unfortunate and insensitive response by the President of the European Commission on an issue as fundamental as the protection of human rights within a Member State of the European Union (EU). It seems strange that the representative of the EU would use such indifferent language in addressing the concerns over human rights abuses of ethnic Macedonians in Greece. This is especially the case given that the EU likes to wrap itself around different humanist ideals and announce triumphantly their commitment to human rights. Indeed, the EU is increasingly establishing fundamental rights as part of EU law as a means of legitimizing the EU itself. Clearly there appears to be a gap between EU rhetoric and reality; at the same time that the EU affirms the importance of human rights, it actually does nothing to secure any of them.

What President Barroso could have asserted was that the EU has an unwavering respect for the protection of human rights and has a particular interest to ensure that its Member States, namely Greece, is aware of their obligations. For example, the founding treaties of the EU make references to the “fact” that the EU is “founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law” and that it “shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms”. In fact, accession to the Convention is something that has been made a condition for EU membership.

President Barroso could have mentioned that the Charter of Fundamental Rights that was “solemnly proclaimed” by the European Parliament, the Council of the EU and the European Commission deems it “necessary to strengthen the protection of fundamental rights”.

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