[18] It should be observed that, though it closely follows the corresponding clauses of the
Minorities Treaties, and especially those of the first of these Treaties, the Treaty with Poland of
June 28th, 1919, the Albanian Declaration differs from it in certain respects. Thus Article 1 of
the Declaration, in addition to the usual provision as to the supremacy of the minority clauses,
lays down that no act of State shall prevail over them “now or in the future”; again, paragraph
2 of Article 5 of the Declaration does not occur in the model Treaty, and paragraph 1 of the
same Article speaks of the “equal right” of the minority to “maintain, manage and control”
certain institutions or to “establish” them “in the future”, whereas the model Treaty only
mentions the right to “establish, manage and control”.
[19] The Council, on the proposal of the Rapporteur, adopted on the same day (Oct. 2nd, 1921)
a Resolution taking note of the Declaration made by the Albanian delegation for the protection
of minorities and deciding that the stipulations contained in this Declaration, so far as they
concerned racial, religious or linguistic minorities, should be placed under the guarantee of the
League of Nations as from the date of their ratification by the Albanian Government.
Ratification took place on February 17th, 1922; the instrument of ratification was deposited at
Geneva on the following 22nd of March.
[20] After the signature of the Declaration by the Albanian representative at the Council
meeting on October 2nd, 1921, the Greek representative, whilst expressing his gratitude to the
Council for having considered certain of the suggestions made in the memorandum of May
17th, 1921, drew the Council’s attention to the necessity, in his view, of maintaining in Albania
[p10] the secular, religious and educational privileges which the Greek nation had enjoyed in
all the territories of the former Turkish Empire.
[21] The Court has received but little precise information as to the educational situation in
Albania at the time when the Declaration of October 2nd, 1921, was made and when that
Declaration became effective. Certain conclusions may how-ever be drawn from the
documents which have been produced. Thus, in the course of the observations made by him
before the Council on January 14th, 1935, the Albanian representative said that “education in
Albania, until 1912, had varied according to religion: the Moslems attended the Ottoman
schools; the Orthodox, the Greek schools, and, in the districts adjacent to the Slavs, the
Serbian or Bulgarian schools; the Catholics attended the Italian or Austrian schools....”. With
regard to the period subsequent to 1912 - Albania became an independent State in 1913 - it
appears from the same observations that only in 1929 was a law concerning communities
drafted under which “secular education was separated from religious teaching”. Furthermore,
the Agreement signed at Corfu on May 17th, 1914, by the representatives of the Albanian
Government, amongst others, declared that “education was free”; and the Agreement signed at
Kapishtica on May 15th,
1920, between the Greek authorities and representatives of the Albanian Government laid
down that “the Greek schools may function freely” in southern Albania. Again, in a letter
dated February 9th, 1921, which is referred to in Mr. Fisher’s report of October 2nd, 1921, and
has been mentioned above, the President of the Albanian Council of Ministers declared that the
national Government had given “complete cultural freedom” to the Greek (and Slav) elements
of the population “by establishing Greek schools and paying the teaching staff”; the letter
continues: “The same freedom is given to private initiative for the establishment of educational
institutions using the Greek language [FN1].”
-------------------------------------------------------------------------------------------------------------------[FN1] Translation by the Registry.
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