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Republic of Macedonia

MINISTRY OF FOREIGN AFFAIRS

Minister

To: Mr. Max van der Stoel

OSCE High Commissioner

on National Minorities

The Hague - The Netherlands

Skopje, 30 June 1995

Dear Mr. High Commissioner,

I am writing to you in connection with your letter of 28 April 1995 in which you present, inter alia, your proposal for establishment of a private Higher Education Center for Public Administration and Business, as a "compromise formula" for resolving the tension that arouse over the attempts at illegal establishing of the Albanian language University of Tetovo. I would like to point that my Government greatly appreciates your efforts aimed at overcoming inter-ethnic difficulties in my country, in accordance with the OSCE principles and the national legislation of my country. In this respect, my Government welcomes in principle your initiatives and endeavors to incorporate them into the laws of my country.

The Government holds that your suggestion for the establishment of a private higher education establishment is not only in harmony with the Constitution, but is a follow-up to the intensive activity of the Government aimed at the privatization of all spheres of life including the education. In this regard, the Government accepts your idea and considers that in our further discussion it could be elaborated and adapted to the existing legislation in force and to the laws to be passed. As you may know, there is still no new law regulating these issues. The Law on Higher Education which is currently being prepared, covers this problem, and what remains to be done is that essential aspects of private education such as financing, harmonization of programmes and alike are regulated by a special law. Your initiative will undoubtedly represent an encouragement for speedy legal regulation of this sphere.

The Government agrees with your observation that Article 45 of the Constitution of the Republic of Macedonia is almost identical to Para 32.2 of the CSCE Copenhagen document of 1990. You rightly point out that "both.... open the option of private educational institutions; both equally stress the need of conformity with the relevant national law.

However, there are certain substantial differences between the two provisions. Namely, whereas according to the mentioned Copenhagen Document the only option for persons belonging to national minorities is private education, the laws and practice of the Republic of Macedonia are at a rather higher level in regard to the education of national minorities in elementary and secondary education, rendering it a duty of the state. As you may know, the fundamental issues pertaining to the rights of national minorities are regulated by Article 48 of the Constitution; hence we would like to suggest that Article 45 be read together with the said Article of the Constitution. On the basis of Article 48, there is a legal provision having existed in the law we hacve had thus far and incorporated in the new Law on Higher Education, prescribing that tuition in higher education is conducted in the Macedonian language exclusively, naturally with the exception of subjects most closely linked with fostering ethnic identity and culture of persons belonging to national minorities, what is foreseen by the new Law on Higher Education.

Any solution regarding a private university in the Republic of Macedonia has to take into account that such an establishment can be founded in the constitutional and legal framework, meaning in the Macedonian language or under specific conditions in one of world languages. Your initiatives for assisting the Republic of Macedonia in this sphere should have this fact in view.

I would like to inform you that the above-mentioned issues and other isssues linked with higher education belonging to national minorities are intensively discussed in the country. As you may know, some international factors are included in these discussions. As thus far the Goverenment counts on your contribution to these discussions, including your initiative for establishing private higher education establishment.

Stevo Crvenkovski

Minister

(s i g n a t u r e)