Greeks by Birth? - What's that all about?
Risto Stefov
Risto Stefov
October 03, 2008
Law No. 1540 enacted in 1985 by the Greek government, states that only "Greeks by birth" can claim the right to have their property back, which was illegally taken from them after the Greek Civil War (1946-1949) ended. This not only constitutes discrimination against Macedonians but the regulations in this Law are also contrary to both the Greek Constitution, which upholds respect for persons, and to international engagements.Since coming to power in 1981 the Pan-Greek Socialist Movement (PASOK), in accordance with its manifesto and pre-election promises, began to solve the problem of repatriating its political refugees exiled since the Greek Civil War. This process was approved by both the democratic and progressive forces in Greece. However the jubilation of the repatriation was short lived. The Greek government made it conditional by law that only "Greeks by birth" may return which meant that a great number of ex Greek citizens and nationals have been deprived of the right to return. Only those acceptable to the Greek State who were also prepared to declare themselves "Greeks" were allowed to return. What kind of democracy is this? Law No. 1540 states that only "Greeks by birth" can claim the right to have their property returned, while those who do not declare themselves as "Greeks by birth" lose the right to their property. Is history repeating itself? This law is reminiscent of the dark period when massive numbers of people, after being declared "Greeks by birth ", were uprooted from their ancestral lands, exchanged and re-settled, many ending up in Greek held Macedonia. This occurred during the Balkan Wars (1912/1913) and during and after the First World War. But lessons had been learned and after the Second World War nations were created based on the needs of the people and not by oppression, assimilation and genocide. A new spirit was born; the spirit of mutual respect and cooperation not only between people but also between nations. How then are we to judge what the Greek State did half a century later? How should we view a law especially designed to discriminate against a people? How far does such a regulation agree with the Constitution of the Republic of Greece, which was passed on July 11, 1975 (one year after the fall of the military junta), where in article 2 paragraph 1 it says "respect and protection of human dignity are the primary obligation of the Greek state"? And continues: "Greece, in accordance with the universal rights accepted by international law, strives to strengthen peace and justice, as well as the development of friendly relations among nations and countries." To what extent does the regulation for the return of political refugees and their rights to their property agree with this Constitution? And what is the purpose of these acts passed by the Greek government? Law No. 1540 consists of the following main characteristics: 1. Regulations brought in during the Greek Civil War, on which basis the property of political refugees was confiscated, are abolished; 2. Properties will be returned only to those persons who came back to stay and live in Greece; 3. Proprietors can seek the return of their property if it has not been awarded to another person. If so, then proprietors have the right to receive property in other parts of Greece (except Attica) on condition they farm the land; 4. Applicants can be awarded financial damages; 5. The law does not deal with the return of ownership of property to those refugees who continue to live outside of Greece, nor does it deal with the question of their heirs who live outside the borders of Greece. Excluding the Macedonians With the formula "Greeks by birth", law No. 1540 discriminates against Greek political refugees of Macedonian descent. Greek refugees of Macedonian descent in practice are deprived of the right to return to Greece, which automatically deprives them of the right to have their own property returned to them. This law is not only an act of economic discrimination, but also a deliberate Greek government policy to "permanently" solve the Macedonian question. This however is in direct contravention of the United Nations General Declaration of Human Rights, especially with Article 13, which states: (1) "Everyone has the right to leave any country, including their own, as well as to return to their own country". With this law the right of Macedonian political refugees to return to their own country is removed. Moreover, Article 17 of the Declaration states: (2) "No one can be deprived of their own property against their will". According to Articles 13 and 17, as stated above, the Greek Civil War refugees of Macedonian descent, including the 28,000 child refugees, became refugees in the chaos of the Greek Civil War. Therefore the Greek government has no right to deprive them of their own property by an unconstitutional law, which is also contrary to international law. Law No. 1540 would only be just and humane if it did not discriminate (1) against non-Greeks who are Greek citizens and (2) gave the right of ownership of property to (a) all refugees regardless of their ethnicity and (b) regardless of where they live. Any limitation is a violation of both property rights and human rights.
window.google_render_ad();
This law it would appear was enacted to take revenge on those who participated on the losing side of the Greek Civil War for crimes never proved in a court of law. The two laws (confiscation of property and deprivation of citizenship) enacted by the PASOK government are another means of demeaning the Macedonian national minority living in Greece and justifying the continuation of the denationalization policies perpetrated by the Greek state on its citizens. This law not only affects ethnic Macedonians from Greece living in European countries, but also those inhabiting countries overseas. The law clearly states that all those who are not "Greeks by birth" are excluded from the right to property, as well as their children who escaped from Greece after January 1, 1945 and their descendants born after the Civil War. In this way the Greek state is attempting to permanently deprive the Macedonian people of the right to their own property. This is contrary to the universal rights accepted by international law, the Declaration of the United Nations on human rights, and the Final Act of Helsinki, signed by Greece, which actually refers to these rights in its own Constitution. In light of this, the law issue here is both against the regulations of the Greek Constitution and international laws and the Declaration of the United Nations, which Greece is obliged to respect in order to prove that it is a practicing democratic country. Therefore it would be wise and opportune for Greece to annul this law as unconstitutional, as was done with the law for confiscation of properties in 1953. The same property is involved in both cases. In connection with the question of property the Yugoslav side expressed its attitude in 1953 in the following way: "In light of this situation the Yugoslav government can not be expected to be deaf to the request for help and support of the Greek refugees from Aegean Macedonia who now live in Yugoslavia. It is only right that we bring up the question of protection of their legitimate property and the possibility for their return to their homes in Greece." Obligation according to Greece´s constitution The question of "returning to Greece" and "awarding of property" to the political refugees is an internal question for the Republic of Greece. However the question of law regulating the "right of return to their birth place" and "the right to their own property", which excludes Macedonians only because they do not wish to change their national identity, goes beyond the limits of Greek internal policy, even more so since Greece, as was mentioned above, is obliged to respect human rights in the spirit of generally accepted international acts, signed by her. Thus Macedonians, no matter where they live, have the right to seek the return of their own property in Macedonia under Greece and should do so. Without a change in the present Greek discriminatory and assimilatory policy, it is certain that Greece "in accordance with the universal rights accepted by International law", to quote the Greek Constitution, will not be able "to strengthen peace and justice, as well as development of friendly relations among nations and countries". Greece's own Constitution holds it to this. Since the Republic of Greece is constitutionally obliged to act in accordance with international law, the Greek government has an obligation to its own people and to the international public, as well as to the United Nations, to respect its own Constitution. The universality to which the Greek Constitution aspires includes among other things, respect of the rights of minorities. NOTE: It is interesting to note that the only demographic statistics that Greece officially holds true are those from 1928 in which Greece declared that its population consists of 98% Greeks and 2% Muslim Greeks which begs the question "who is Greek by birth and who isn´t?" Is an Asia Minor Christian Turk born in Asia Minor and settled on Greek held Macedonia after the 1920´s a "Greek by birth"? Of course they are! What about an indigenous Macedonian born in Macedonia (held by Greece) after Greece´s annexation of Macedonia in 1913? Is that "a Greek by birth"? Of course not! Because if he or she were "Greek by birth" then Greece would not need Law No. 1540 to discriminate against them!Source: Pages 6 and 7, Macedonian Magazine # 395, March 1986You can contact the author at rstefov@hotmail.com
Risto Stefov
Risto Stefov
October 03, 2008
Law No. 1540 enacted in 1985 by the Greek government, states that only "Greeks by birth" can claim the right to have their property back, which was illegally taken from them after the Greek Civil War (1946-1949) ended. This not only constitutes discrimination against Macedonians but the regulations in this Law are also contrary to both the Greek Constitution, which upholds respect for persons, and to international engagements.Since coming to power in 1981 the Pan-Greek Socialist Movement (PASOK), in accordance with its manifesto and pre-election promises, began to solve the problem of repatriating its political refugees exiled since the Greek Civil War. This process was approved by both the democratic and progressive forces in Greece. However the jubilation of the repatriation was short lived. The Greek government made it conditional by law that only "Greeks by birth" may return which meant that a great number of ex Greek citizens and nationals have been deprived of the right to return. Only those acceptable to the Greek State who were also prepared to declare themselves "Greeks" were allowed to return. What kind of democracy is this? Law No. 1540 states that only "Greeks by birth" can claim the right to have their property returned, while those who do not declare themselves as "Greeks by birth" lose the right to their property. Is history repeating itself? This law is reminiscent of the dark period when massive numbers of people, after being declared "Greeks by birth ", were uprooted from their ancestral lands, exchanged and re-settled, many ending up in Greek held Macedonia. This occurred during the Balkan Wars (1912/1913) and during and after the First World War. But lessons had been learned and after the Second World War nations were created based on the needs of the people and not by oppression, assimilation and genocide. A new spirit was born; the spirit of mutual respect and cooperation not only between people but also between nations. How then are we to judge what the Greek State did half a century later? How should we view a law especially designed to discriminate against a people? How far does such a regulation agree with the Constitution of the Republic of Greece, which was passed on July 11, 1975 (one year after the fall of the military junta), where in article 2 paragraph 1 it says "respect and protection of human dignity are the primary obligation of the Greek state"? And continues: "Greece, in accordance with the universal rights accepted by international law, strives to strengthen peace and justice, as well as the development of friendly relations among nations and countries." To what extent does the regulation for the return of political refugees and their rights to their property agree with this Constitution? And what is the purpose of these acts passed by the Greek government? Law No. 1540 consists of the following main characteristics: 1. Regulations brought in during the Greek Civil War, on which basis the property of political refugees was confiscated, are abolished; 2. Properties will be returned only to those persons who came back to stay and live in Greece; 3. Proprietors can seek the return of their property if it has not been awarded to another person. If so, then proprietors have the right to receive property in other parts of Greece (except Attica) on condition they farm the land; 4. Applicants can be awarded financial damages; 5. The law does not deal with the return of ownership of property to those refugees who continue to live outside of Greece, nor does it deal with the question of their heirs who live outside the borders of Greece. Excluding the Macedonians With the formula "Greeks by birth", law No. 1540 discriminates against Greek political refugees of Macedonian descent. Greek refugees of Macedonian descent in practice are deprived of the right to return to Greece, which automatically deprives them of the right to have their own property returned to them. This law is not only an act of economic discrimination, but also a deliberate Greek government policy to "permanently" solve the Macedonian question. This however is in direct contravention of the United Nations General Declaration of Human Rights, especially with Article 13, which states: (1) "Everyone has the right to leave any country, including their own, as well as to return to their own country". With this law the right of Macedonian political refugees to return to their own country is removed. Moreover, Article 17 of the Declaration states: (2) "No one can be deprived of their own property against their will". According to Articles 13 and 17, as stated above, the Greek Civil War refugees of Macedonian descent, including the 28,000 child refugees, became refugees in the chaos of the Greek Civil War. Therefore the Greek government has no right to deprive them of their own property by an unconstitutional law, which is also contrary to international law. Law No. 1540 would only be just and humane if it did not discriminate (1) against non-Greeks who are Greek citizens and (2) gave the right of ownership of property to (a) all refugees regardless of their ethnicity and (b) regardless of where they live. Any limitation is a violation of both property rights and human rights.
window.google_render_ad();
This law it would appear was enacted to take revenge on those who participated on the losing side of the Greek Civil War for crimes never proved in a court of law. The two laws (confiscation of property and deprivation of citizenship) enacted by the PASOK government are another means of demeaning the Macedonian national minority living in Greece and justifying the continuation of the denationalization policies perpetrated by the Greek state on its citizens. This law not only affects ethnic Macedonians from Greece living in European countries, but also those inhabiting countries overseas. The law clearly states that all those who are not "Greeks by birth" are excluded from the right to property, as well as their children who escaped from Greece after January 1, 1945 and their descendants born after the Civil War. In this way the Greek state is attempting to permanently deprive the Macedonian people of the right to their own property. This is contrary to the universal rights accepted by international law, the Declaration of the United Nations on human rights, and the Final Act of Helsinki, signed by Greece, which actually refers to these rights in its own Constitution. In light of this, the law issue here is both against the regulations of the Greek Constitution and international laws and the Declaration of the United Nations, which Greece is obliged to respect in order to prove that it is a practicing democratic country. Therefore it would be wise and opportune for Greece to annul this law as unconstitutional, as was done with the law for confiscation of properties in 1953. The same property is involved in both cases. In connection with the question of property the Yugoslav side expressed its attitude in 1953 in the following way: "In light of this situation the Yugoslav government can not be expected to be deaf to the request for help and support of the Greek refugees from Aegean Macedonia who now live in Yugoslavia. It is only right that we bring up the question of protection of their legitimate property and the possibility for their return to their homes in Greece." Obligation according to Greece´s constitution The question of "returning to Greece" and "awarding of property" to the political refugees is an internal question for the Republic of Greece. However the question of law regulating the "right of return to their birth place" and "the right to their own property", which excludes Macedonians only because they do not wish to change their national identity, goes beyond the limits of Greek internal policy, even more so since Greece, as was mentioned above, is obliged to respect human rights in the spirit of generally accepted international acts, signed by her. Thus Macedonians, no matter where they live, have the right to seek the return of their own property in Macedonia under Greece and should do so. Without a change in the present Greek discriminatory and assimilatory policy, it is certain that Greece "in accordance with the universal rights accepted by International law", to quote the Greek Constitution, will not be able "to strengthen peace and justice, as well as development of friendly relations among nations and countries". Greece's own Constitution holds it to this. Since the Republic of Greece is constitutionally obliged to act in accordance with international law, the Greek government has an obligation to its own people and to the international public, as well as to the United Nations, to respect its own Constitution. The universality to which the Greek Constitution aspires includes among other things, respect of the rights of minorities. NOTE: It is interesting to note that the only demographic statistics that Greece officially holds true are those from 1928 in which Greece declared that its population consists of 98% Greeks and 2% Muslim Greeks which begs the question "who is Greek by birth and who isn´t?" Is an Asia Minor Christian Turk born in Asia Minor and settled on Greek held Macedonia after the 1920´s a "Greek by birth"? Of course they are! What about an indigenous Macedonian born in Macedonia (held by Greece) after Greece´s annexation of Macedonia in 1913? Is that "a Greek by birth"? Of course not! Because if he or she were "Greek by birth" then Greece would not need Law No. 1540 to discriminate against them!Source: Pages 6 and 7, Macedonian Magazine # 395, March 1986You can contact the author at rstefov@hotmail.com
No comments:
Post a Comment