The Law on Museums as a contributor to degradation of museums in the Republic of North Macedonia

Abstract

The North Republic of Macedonia faces state identity problems. The state’s concern is to create a state identity based on the Macedonian national identity. To prove the Macedonian national identity as a state identity, the government (2006-2017) works to create a clear cut history of the Macedonian nationality. The search for and proving of the history of the Macedonians and state “roots” as a clean, ethnically Macedonian state, presents a national pathology. Museums are used as curators of national identity in order to prove this state ideology. But the truth is that the Republic of North Macedonia is a multi-ethnic state with a mixed history that has left social and cultural traces. Despite this, the Law on Museums in the Republic of North Macedonia has been changed to conform to the nationalistic ideology, which has damaged the first value and role of museums. The ICOM Code of Ethics for Museums is an international code for integrating any museum and culture into the regional and global context, without discriminating against any element of the museum’s complexity, and it can be used to find areas for improvement. Through the optics of the ICOM Code of Ethics for Museums, an analysis of the relevant Macedonian legal documents and their changes indicates the reasons for the loss of the traditional role of museums in North Macedonia. In the article’s conclusion, we define the starting points for legal changes, the need to restore the value of museums in the Republic of North Macedonia, and to create socio-spatial-sustainability through museums.

Full text

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PROJECT
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ČLANEK
COMPETITION
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NATEČAJ
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PRESENTATION
DISCUSSION
REVIEW
EDITORIAL
DIPLOMA
MASTER THESIS
Arbresha Ibrahimi, Tadeja Zupančič, Ljubo Lah: ZAKON O MUZEJIH KOT PRISPEVEK K DEGRADACIJI MUZEJEV V REPUBLIKI SEVERNI MAKEDONIJI: 76–84
IZVLEČEK
Republika Severna Makedonija se sooča s problemi identite-
te. Država želi ustvariti državno identiteto, ki bi temeljila na
makedonski nacionalni identiteti. Da bi dokazala makedonsko
nacionalno identiteto, je Vlada (2006–2017) delovala v smeri
ustvarjanja jasno opredeljene zgodovine makedonske na-
cionalnosti. Iskanje in dokazovanje zgodovine Makedoncev
in državnih »korenin« kot čiste, etnične makedonske države
predstavlja nacionalno patologijo. Muzeji delujejo kot varuhi
nacionalne identitete in s tem podpirajo državno ideologijo.
Toda Republika Severna Makedonija je v resnici večetnična
država z mešano zgodovino, ki je za seboj pustila različne
družbene in kulturne sledi. Navkljub temu pa je bil Zakon o
muzejih v Republiki Severni Makedoniji spremenjen v skladu z
nacionalistično ideologijo, in to v škodo primarne vrednosti in
vloge muzejev. ICOM-ov kodeks muzejske etike je mednarodni
kodeks, ki muzeje in kulturo umešča v regionalni in globalni
kontekst, pri čemer ne daje prednosti kateremu koli elementu
muzejske kompleksnosti, v pomoč pa je tudi pri opredelitvi
področij, ki jih je treba izboljšati. Analiza ustreznih makedon-
skih pravnih dokumentov in njihovih sprememb skozi prizmo
ICOM-ovega kodeksa muzejske etike pokaže vzroke za izgubo
tradicionalne vloge muzejev v Severni Makedoniji. V sklepnem
delu članka opredelimo izhodišča za pravne spremembe ter
potrebo po ponovni vzpostavitvi vrednosti muzejev v Republiki
Severna Makedonija in po vzpostavitvi družbeno-prostorske
trajnosti prek muzejev.
KLJUČNE BESEDE
ICOMov kodeks muzejske etike, muzeji, zakon o muzejih Repu-
blike Severne Makedonije, družbeno-prostorska trajnost
THE LAW ON MUSEUMS AS A CONTRIBUTOR TO
DEGRADATION OF MUSEUMS IN THE REPUBLIC
OF NORTH MACEDONIA
ABSTRACT
The North Republic of Macedonia faces state identity problems.
The state’s concern is to create a state identity based on the Ma-
cedonian national identity. To prove the Macedonian national
identity as a state identity, the government (2006-2017) works
to create a clear cut history of the Macedonian nationality. The
search for and proving of the history of the Macedonians and
state “roots” as a clean, ethnically Macedonian state, presents a
national pathology. Museums are used as curators of national
identity in order to prove this state ideology. But the truth is that
the Republic of North Macedonia is a multi-ethnic state with
a mixed history that has left social and cultural traces. Despite
this, the Law on Museums in the Republic of North Macedonia
has been changed to conform to the nationalistic ideology,
which has damaged the rst value and role of museums. The
ICOM Code of Ethics for Museums is an international code for
integrating any museum and culture into the regional and
global context, without discriminating against any element of
the museum’s complexity, and it can be used to nd areas for
improvement. Through the optics of the ICOM Code of Ethics for
Museums, an analysis of the relevant Macedonian legal docu-
ments and their changes indicates the reasons for the loss of the
traditional role of museums in North Macedonia. In the article’s
conclusion, we dene the starting points for legal changes, the
need to restore the value of museums in the Republic of North
Macedonia, and to create socio-spatial-sustainability through
museums.
KEY-WORDS
ICOM Code of Ethics, museums, the Law on Museums of the Re-
public of North Macedonia, museum socio-spatial-sustainability
:https://dx.doi.org/10.15292/IU-CG.2018.06.076-084 UDK: 069(497.7) SUBMITTED: September 2019 / REVISED: September 2019 / PUBLISHED: October 2019
1.02 Pregledni znanstveni članek / Review Article
Arbresha Ibrahimi, Tadeja Zupančič, Ljubo Lah:
ZAKON O MUZEJIH KOT PRISPEVEK
K DEGRADACIJI MUZEJEV V REPUBLIKI
SEVERNI MAKEDONIJI

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Arbresha Ibrahimi, Tadeja Zupančič, Ljubo Lah: THE LAW ON MUSEUMS AS A CONTRIBUTOR TO DEGRADATION OF MUSEUMS IN THE ...: 76–84
1. INTRODUCTION
Museums as cultural buildings intertwine theory and practice
into space, emotion, and experience, they combine architecture
and other media to bring the past into the present and thus im-
prove the future. For this reason, interpretations and denitions
of museums can be identied in dierent contexts and levels.
According to the International Council of Museums (ICOM) in
1974 “a museum is a non-prot making, permanent institution in
the service of society and of its development, open to the public,
which acquires, conserves, researches, communicates and
exhibits the tangible and intangible heritage of humanity and its
environment, for the purposes of education, study and enjo-
yment” (Sandahl 2018). The Museum Service Act of 1977 likewise
dened a museum as: “a public or private non-prot agency or
institution organized on a permanent basis for essentially educa-
tional or aesthetic purposes which, utilizing a professional sta,
owns or utilizes tangible objects, cares for them, and exhibits
them to the public on a regular basis” (Hein 2000, p. 3).
“Museums are at once very antique and very new” (Hein 2000,
p. 3), and the development of museums goes along in mutual
relation with the political, economic, social, cultural, educational
and technological events of the country they are located in.
Depending on the museums choice of priorities, this builds up
their purpose, function and behaviours as an institution. The
economic, political and social crisis in the Republic of North
Macedonia from 2001 to 2017 has degraded the functioning of
social institutions and the livelihood of the population. This cri-
sis most seriously aected the education, medical and cultural
systems. More specically, the lack of government investment
signicantlyreduced the number of museum activities and
research projects.Funding was also lacking forthe maintenance
ofmuseum buildings, which were constructed in the period
from 1942 to 1970.The primary issue facingthe population
ofthe Republic of North Macedonia from 2006 to 2017 was ha-
ving to survive on an average monthly salary of €150.However,
the government’s neglect of this primary needwas evidenced
by therealization of the “Skopje 2014” project.Over €684 million
were spenton this, where, among other things, museum buil-
dings, memorial houses, and gallerieswere built.The constructi-
on ofmuseums (from 2014-2017) further deepened the political
and social crisis, primarily because:
■It was not the right time to give money forthe construction
ofcultural buildings,
■The money could have been invested in renovating existing
museum buildings,
■New museumswere built in inappropriate places and those
prohibited by law,
■The museums did not meet the standards for museum
design,
■Some of the museums’ buildingswere in the style of“post-
modern classicism” (Vasilievski 2012) and made of Styrofoam,
■Some museums were built illegally.
Breaking the law to build museum institutions, getting build-
ing permits that should not have been issued, not registering
museum buildings as national institutions undertaking museum
activities, and using unregistered museum funds all helped to
reduce the value of such museums as institutions. The failure
to meet museum design standards was met with criticism by
professionals within the state, who argued over whatshould
bethecriteriaand conditions for an institutionto becalled a
museum.The way in which exhibits were treated and presented
upset the constituent communities of the Republic of North
Macedonia (Albanians, Turks, and Roma), due to misinterpret-
ing the origins of the items.Meanwhile, misrepresentation of
origin of the architectural elements appears on the façades of
buildings built during the “Skopje 2014”( 2014  
2018) project, including those of museums, further aggravated
relations with Greece.The conict with Greecewas due tousing
the name “Macedonia”, whichis also used by a northern Greek re-
gion. The two countries share parts of the territory of Alexander
the Great’slegendarykingdom, and a number of conictshave
arisen over this ancient heritage, including the name. The an-
cient Macedonian heritageis treatedas “Macedonian” heritage,
and this forces museums to be curators of Macedonian identity,
and ignore the multicultural values of the Republic of North
Macedonia.
2. RESEARCH PROBLEM
The data obtained from the State Statistical Oce of the
Republic of North Macedonia (Oce 2018) show that the law
and standards for museums have created problems for how mu-
seums function. The total number of exhibits at the level of the
Republic of North Macedonia, registered until 2018, is 598,887.
Of these, 428,447 are non-inventoried, while 170,440 are inven-
toried, of which only 26,615 (1.6%) are on display. Looking at the
total number of exhibitions organized within the Republic of
North Macedonia, it turns out that anexhibitionis made up of
an average of 125 exhibits. The total area of exhibition space in
North Macedonia is 29,570 m², from the total number of exhibi-
tion halls is 107. From this information we can conclude that,
on average, 125exhibitsare presentedin an area of 280 m² and
visited by 292 people (0.9 m² / person). Another major problem
is the small site of storage depots, at just 6,815 m² at the state
level, and this holds 42,8447 non-inventoried exhibits, or 4,819
items injust 76m².
One of the major causes of the decline of such institutions in
North Macedonia is the Law on Museums. The legal framework
dealt with in this paper consists of that set out by ICOM and the
North Macedonian documents: The Law on Museums (LM), the
Law on Amending and Supplementing the Law on Museums
(LASLM), the Law on Culture (LC), the Law on Protection of
Cultural Heritage (LPCH), the Regulations on Nature Protection
(RNP) and the Rulebook on the standards for determining the
types of museums, their work, accommodation and storage of
museum objects and museum documentation (RSM).
3. REASON FOR COMPILING ETHICAL CODES OF MUSEUMS
Museums as cultural buildings have a mission, policy, and duty
to their employees, along with the heavy responsibilities of the
board of directors. Respect is essential at several levels due to
the complexity inherent in museums as institutions.
The sta and managers’ aims and missions are to carry out re-
search and collect information with regard to various elements
that are processed in the museum at the same level and at the
same time, such as analysis made of the collections, visitors, visi-
tor attractions, exhibit care, care for the employees and visitors,
socialphilosophy,space, architecture, interior installations,and
so on. “The western philosophical tradition, for the most part,
ascribes ethical behaviour, its prescription, meaning, and jud-
gment, only to human beings. The object has no direct moral
status. Moral obligation is a human institution predominantly
owed by persons to one another” (Hein 2000, p. 89). Professional
ethics represents a moral obligation in the institutional context,
which “prescribes behaviour to the individual practitioners of

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specic professions. The codes of ethics are drawn appropria-
tely to t particular circumstances, allow access to condential
or sensitive information, provide security, the opportunity to
cause injury or to give and withhold care, control over valuable
property or the means of expression and the ability to regulate
certain types of activity” (Hein 2000, p. 91).
The code of ethics adopts and updates the obligations based
on social changes, whether due to demographic, technological,
cultural, economic, or catastrophic events, such as warfare. Ethi-
cal codes for museums have changed signicantly, especially
after the 20th century, and museums have gained a new audi-
ence with a new lifestyle. Internationally accepted and practiced
codes for museum functionality include a code of ethics for
curators, a code of ethics of practice for conservators, a code of
ethics for registers, a code of ethics for museum stores, a code
of ethics for public relations, and a code of ethics for museum
education. A museum is thus dened as having a moral role in
preserving social life.
4. THE AIM OF THE LAW ON MUSEUMS IN THE REPUBLIC
OF NORTH MACEDONIA
The Republic of North Macedonia is a parliamentary democra-
cy with an executive government composed of a coalition of
parties from the unicameral legislature (, Sobranie)
and an independent judicial branch with a Constitutional Court.
The Government of the Republic of North Macedonia consists
of sixteen ministries, one ofwhich isthe Ministry of Culture. This
performs activities related to:
Museums in the Republic of North Macedonia, 2018
Type of museum
Total by establisher Total by subject
public national public local private general specialized
Museums
Total 26 18 8 - 26 15 11
Visitors 427,493 394,228 33,265 - 427,493 215,898 211,595
Exhibits by types of collections
Inventoried exhibits - total 170,440 129,529 40,911 - 170,440 106,199 64,241
Archaeological 51,693 32,256 19,437 - 51,693 33,002 18,691
Ethnological 44,184 30,915 13,269 - 44,184 34,949 9,235
Historical 23,075 16,612 6,463 - 23,075 18,241 4,834
Artistic 14,067 12,694 1,373 - 14,067 5,345 8,722
Technical 11 - 11 - 11 11 -
Palaeontological 40 40 - - 40 - 40
Geological 1,762 1,762 - - 1,762 - 1,762
Zoological 29,476 29,476 - - 29,476 12,043 17,433
Botanical 2,881 2,881 - - 2,881 380 2,501
Other 3,251 2,893 358 - 3,251 2,228 1,023
Exhibits on display 26,615 21,300 5,315 - 26,615 20,593 6,022
Non-inventoried exhibits 428,447 421,849 6,598 - 428,447 87,220 341,227
Exhibitions and visitors at the exhibitions
In the museums:
museums’ own exhibitions 117 77 40 - 117 39 78
visitors 49,937 32,179 17,758 - 49,937 17,241 32,696
guest appearances in the museums 96 55 41 - 96 56 40
visitors 31,932 23,770 8,162 - 31,932 9,464 22,468
Outside the museums:
in the Republic of North Macedonia 17 8 9 - 17 3 14
visitors 18,680 16,760 1,920 - 18,680 1,160 17,520
Halls
Total 559 436 123 - 559 290 269
Exhibition halls 107 84 23 - 107 48 59
Storage depots 89 53 36 - 89 48 41
Conservation and restoration laboratories 32 28 4 - 32 12 20
Other halls 331 271 60 - 331 182 149
Surface in m2
Total 57,425 48,373 9,052 - 57,425 26,287 31,138
Exhibition halls 29,570 25,651 3,919 - 29,570 12,567 17,003
Storage depots 6,815 5,700 1,115 - 6,815 2,885 3,930
Conservation and restoration laboratories 1,023 902 121 - 1,023 351 672
Other halls 20,017 16,120 3,897 - 20,017 10,484 9,533
Number of museums that contain:
Photography library 15 10 5 - 15 10 5
Archives 18 11 7 - 18 13 5
Libraries 21 14 7 - 21 13 8
Books in the libraries - number 141,834 124,555 17,279 - 141,834 62,083 79,751
Table 1. Statistical data for museums in the Republic of North Macedonia.
Arbresha Ibrahimi, Tadeja Zupančič, Ljubo Lah: ZAKON O MUZEJIH KOT PRISPEVEK K DEGRADACIJI MUZEJEV V REPUBLIKI SEVERNI MAKEDONIJI: 76–84

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■Monitoring, analysing and proposing acts and measures for
development and promotion of culture;
■Organization, nancing, and the development of the net-
work of national institutions and the nancing of programs
and projects of national interest in this eld;
■Protection of cultural wealth;
■Publishing, music, scenic-artistic, lm, gallery, library, archi-
val, museum and cinema activities, the activities of cultural
centres and of mediation in culture;
■Protection of copyright and related rights;
■Monumental celebrations of events and prominent gures
of national interest;
■Supervision of its own competence and doing other activiti-
es determined by law.
The regulations that serve the organization and functioning of
museums in the Republic of North Macedonia are the Law on
Museums, Law on Museum Activity (which ceased to be valid
in 2004), Law on Amending and Supplementing the Law on
Museums, Law on Culture, Law on Protection of Cultural Heri-
tage, Regulations on Nature Protection and Rulebook on the
standards for determining the types of museums, their work,
accommodation and storage of museum objects and museum
documentation. The above-mentioned laws derive from the
active laws of the former Yugoslavia.
After the statehood of the Republic of Macedonia in 1991, the
government adopted the Law on Museums in 2004 as part of
the Law on Culture established in 1998 (LC, no 31/ 1998). The
Law on Museum consists of 11 chapters, which are undergoing
changes according to the Law on Amending and Supplemen-
ting the Law on Museums, which was passed in 2017.
The Law on Museums is a combination of the ethical code
of museums and standards of museums. This law, in general,
complicates the rules with regard to the establishment of muse-
ums, does not detailthe functions ofmuseums and creates the
possibility for manipulation. Starting from the rst part of the
Law on Museums, which is the General Order, the conditions
and the way of operation of museums are noted (performing
the activity, establishment, types of museums, organization,
coordination, competences, supervision and other issues) (LM,
s1). The museum materials and the museum items constitute
the museum fund, as dened in Article 2 paragraph 3 of the Law
on Museums. In the same article, paragraphs 1 and 2 provide
details of what a museum material is and what is the denition
of a museum object:
(1) The museum material is an archaeological, ethnological,
historical, artistic and technical object, as well as the paleonto-
logical, geological, zoological and botanical samples acquired
by the museum for their research, arrangement, expert and
scientic processing, study and presentation, until they (the
samples) are recorded in the inventory book of the museum.
(2) A museum object is the museum material referred to in
paragraph (1) of this Article, which due to its value, properties,
contents or functions is an item of cultural, scientic, historical
and natural signicance, and it is recorded in the inventory
book of the museum, because its use and protection is under
the legal regime in accordance with the law.
In the second chapter of the Law on Museums, the conditi-
ons for the types of museums, their establishment, and the
termination of work are determined. According to Article 3, a
museum is a non-prot institution in the eld of culture (LM, s
3 (1)). The purpose of a museum is to acquire, arrange, research,
protect, store, publish and present museum objects (LM, s 3 (2)).
The registered museums and independent museum collections,
galleries and independent gallery collections, and other legal
entities have the right to do museum activities (LM, s 4 (2)). It
follows that observance of the manuals of museum design is
not a legal requirement for a museum to function. This legal
exibility allows enacting of museums in any space and within
each institution. In the Republic of North Macedonia, museums
can be public (national and local) and private (LM, s 6 (1)). The
act determines the type of the museum based on its foundati-
on, where under paragraph 5 of Article 6 it is established that
museums are general and specialized according to the type of
the museum objects they have. A museum can begin to work
if it meets the conditions for providing the primary funds, has
nancial resources, provides details for the museum’s arrange-
ment, including suitable premises and equipment for storing
and presenting the museum’s collection, as well as the right pro-
fessional sta(LM, s 7 (1)). A museum can be closed if it does not
meet the special conditions set out by the Law on Museums,
or if the founder decides on the termination of the museum
activity (LM, s 8 (1) (2)).
The third chapter of the Law on Museums species and publis-
hes the policy of establishing, managing and funding local and
private museums. A proposal for the creation of local museums,
for their management and funding, is made by the related mu-
nicipality (LM, s 10). The Republic of North Macedonia is a multi-
party state, and the governing structure of each municipality is
decided by the winning political party. Meanwhile, the leaders
of the Ministry of Culture are elected by the governing parties.
There are often clashes between the parties and institutional
leaders with regard to abusing the allocation of funds to muse-
ums. For example, nancial investments are often only given to
museums with directors belonging to the same political party
as the Minister of Culture. As such, private museums are directly
subordinated to the political party which governs the Ministry
of Culture. A private museum has the right to set up a domestic
and foreign legal entity (LM, s 14 (1)). The museum fund of a
private museum may join a foreign legal entity only with regard
to museum material (LM, s 14 (2)); the same fund takes the sta-
tus of a protected fund if it meets the conditions of the Law on
Protection of Cultural Heritage (LM, s 14 (3)). The primary tasks
of museums are as follows (LM, s 15):
(1) To explore, collect, organize, professionally and scientically
process and study, protect, publish and present the museum
materials and the museum objects;
(2) Through permanent exhibitions, occasional and movable
exhibitions, lectures, seminars, workshops, presenting lms and
other forms of activity, citizens can familiarize themselves with
the museum objects and the objects’ educational potential
with regard to the signicance of the cultural heritage and the
nature of the Republic of Macedonia;
(3) To provide conditions for the scientic and professional
study of the museum objects;
(4) To make initiatives for the adoption of regulations and
measures for the promotion of the museum activity and profes-
sional development of museum sta;
(5) To publish scientic and professional publications, cata-
logues, guides and other promotional materials;
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(6) To keep an entry book, an inventory book, an outlet book, a
library of museum objects, a catalogue of museum objects and
other types of museum records and documentation, and
(7) To perform other activities in the eld of museum activity
based on the law.
The Law on Museums provides for the formation of a “state
museum” (museums that have legitimate rights to give building
licenses for new museums with the same aim), to promote
and coordinatethe work of museums on the territory of the
Republic of North Macedonia (LM, s 16(1)). In 2004 the Museum
of Macedonia and the Natural-Scientic Museum of Macedo-
nia, both in Skopje,were namedas state museums (LM, s 16
(2)). Apart from the primary tasks of the institutions, national
museums have to organize and coordinate cooperation among
museums, to help with professional teamwork, to participate in
the procedures for restitution of the movable cultural heritage
managed by the Republic of North Macedonia, and to give an
opinion to the Minister of Culture for fullling the conditions
referred to in Articles 7 and 9 of this law (LM, s 17).
The activities of the museums (the fth chapter) include:
acquisition of museum materials and objects, preservation of
museum objects, keeping museum records and documentation
(written in the Macedonian language and an ocial language
spoken by 20% of the citizens in the Republic of North Mace-
donia (Albanians, Turks, Roma)), presentations, revision and un-
-registration of museum objects and materials from the records
(LM, s 20).
The purpose of museums for scientic research and educati-
on is claried in Articles 23 to 30. Over history, the territory of
Macedonia has been under the rule of the Dardanians, Romans,
Byzantines, Bulgarians, Serbs, Ottomans, the Kingdom of Serbia,
and Yugoslavia until the formation of the Republic of Macedo-
nia in 1991 (Gazevic & Maudus 1974, p. 653). The generalization
of these provisions creates space for unprofessional unilateral
access to the research, documentation, and presentation of the
museums’ collections. However, a disrespect for museums and
their work means that they have become “curators of national
Macedonian identity”. In order to improve marketing eorts, it
is allowed by law to make copies of museum objects, including
the production of commercial copies and reproduction of
museum objects, as well as the usage of museum expenses for
commercial purposes by paying for the insurance of the same
objects (LM, s 26, s 27, s 28, and s 29). Neglect of the multi-face-
ted nature of museum objects and materials, and allowing the
copying of such items, creates a risk with regard to the involve-
ment of organized crime in cultural heritage.
The insurance of exhibits is a guarantee by the state that there
will be compensation if any damage or loss occurs, and that
exhibitions will be organized on the territory of the Republic of
North Macedonia by public museums (LM, s 31). This is rele-
vant for exhibitions from abroad that have a unique scientic,
cultural, natural, artistic and historical value (LM, s 32 (1)). The
exhibitions organized for commercial purposes do not have the
right for such insurance (LM, s 32 (2)).An insurance decision,
based on the sixth chapter of the Law on Museums,is adopted
by thegovernment of the Republic of North Macedonia based
upon a proposal by the Ministry of Culture.In order to analyse
the situation and determine measures for the promotion and
long-term development ofthe activity ofmuseums, the State
Council for Museums was established as an advisory and expert
body under the Minister of Culture (LM, s 34, s 35,s36). The
conditions for obtaining the titles of “senior curator” and “cura-
torial advisor”, and the method of monitoring by the Ministry
of Culture, are explained in the eighth (expert report) and the
ninth chapters (supervision). From the chapter about the penal
provisions (chapter ten) we can understand that a legal entityis
punishedwith a ne if it does not obey the orders written
in the Law on Museums, the Law on Culture and the Law on
Cultural Heritage. The assessment of the work of the existing
museumsis doneevery third year by the Ministry of Culture,
incooperation withthe competent state museum, following the
conditions stipulated in the eleventh chapter. Having the same
legalinstitute(the Ministry of Culture) responsible for permit-
tingmuseum establishment, controlling their function from the
design, administrative, nancial and developmental aspects, as
well as dening their punishment in cases of disobedience, has
caused a loss of value and seriousness with regard to museums
in North Macedonia.
4.1 The purpose of the changes of the Law on Museums
from 2008 to 2016 in the Republic of North Macedonia
The 11-year political crisis in the Republic of North Macedonia,
from 2006 until 2017, resulted from the dictatorial rule of the
state through both legal constraints and private institutional
control by theVMRO politicalparty, which held a parliamentary
majority during this period.
The Law for the Change and Supplement of the Law on Mu-
seums (LASLM), from 2008 to 2016, resulted in a number of
changes, mostly to these chapters:
■ Chapter 2: Types of museums, establishment, and terminati-
on of work
■Chapter 5: The activities of museums
■Chapter 7: National Council for Museums
■Chapter 10: Punitive provisions
In July 2008 the decision was made to increase the monetary
nes for criminal oenses undertaken by legal, binding, physical
entities or businesses (LASLM, 2008, s 2). The same article was
changed in September 2010, reducing the value of the nes
set (LASLM, 2010, s 1, s 2), with August 2015 (LASLM, 2015, s 1,
s 2, and s 3) seeing further changes and 90% reduction in the
penalties levied. The additional Article 45a (oense body) and
Article 45b (domicile) specify who leads and who decides on
the sanctions for any oenses (LASLM, 2008, s 3). According to
the decision made in September 2010, Article 45b was changed
so that it set out a reminder for the defendant (for a criminal
procedure) with a set of educational lessons (LASLM, 2010, s 45
b). The same decision set out that the competence for deciding
on any misdemeanours in the eld of culture shall be granted to
the cultural inspector, the Ministry of Culture and the state ad-
ministration in the eld of culture in Articles 45b, 45d and 45g.
Chapter two is on the “Types of museums, establishment, and
termination of work”, and this was changed on 13 April 2011. In
Article 7, 18 paragraphs were added after the second paragraph
(LASLM, 2011, s 1). The new parts say that the Minister of Culture
will approve the opening of a new museum with the consent of
the State Museum’s expert opinion (LASLM, 2011, s 1 (3)). If the
Ministry delays its response to the approval of the museum’s
opening, the applicant is also allowed to receive consent throu-
gh the archives of the Ministry (LASLM, 2011, s 1 (4)), the archives
of the state administration body responsible for the aairs of the
area of culture (LASLM, 2011, s 1 (6)), the state central inspecto-
rate or the state court (LASLM, 2011, s 1 (8)). Paragraphs 4 to 21
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of Article 7 (LM, 2004) were not used after 29 February 2016 after
the enactment of the Law on Amending and Supplementing the
Law on Museums. In the fth chapter both the titles and articles
are changed, allowing the Minister of Culture to be a signatory
and to decide on the type of objects, materials, and conditions
for museum fund protection, records and documentation, audit
and expert assessment (LASLM, 2015, s 4, s 5, s 6, s 7, and s 8). The
State Council for Museums (the seventh chapter), with Articles
34 (National Council of Museums), 35 (competence of the Coun-
cil) and 36 (administrative aairs of the Council), was removed
from the Law on Museums on 28 May 2015 (LASLM, 2015, s 10).
By easing the punishment for entities that misuse items from
a museum’s collection (copying them, selling them, removing
them and so on), the level of protection for exhibits was reduced.
These changes together with the economic crisis in the country
and the political ideology that calls for the creation of a Macedo-
nian national culture, risk the disappearance of cultural heritage
that is not of Macedonian origin.
4.2 Simplification of museum standards in the Republic of
North Macedonia
The compilation of museum standards in the Republic of North
Macedonia focuses mainly on the numbers, such as the number
of exhibits and employees, the surface areas and number and
overall scope of spaces available.
The National Museum, General National Museum, Special Muse-
um, General Local Museum, Specialized Local Museum and Pri-
vate Museum are the six types of museums established by the
standards (RSM, s 1). The National Museum has three museum
collections designated as cultural heritage under the Cultural
Heritage Protection Act (RSM, s 2 (1)). If the National Museum
has three museum collections of paleontological, geological,
zoological and botanical samples, it must have the status of na-
tural heritage according to the Law on Nature Protection (RSM,
s 2 (2)). The professional sta of the National Museum consists
of three curators, three conservators, and three documentari-
ans (RSM, s 2 (3)). The facilities of the National Museum should
have the proper conditions for conducting research, arranging
expert and scientic processing as well as studying, preserving,
protecting, and presenting museum objects (RSM, s 3 (1)). The
architectural space of the museum consists of a minimum of. 30
m2for the storage depot (rst depository depot, central depots
for each collection and safes for precious objects), a minimum of
20 m2for conservation laboratory preparations, and a total exhi-
bition space with a minimum of 200 m2(RSM, s 3 (2)). Appro-
priate premises for education, documentation, administration,
sanitation, access to the museum and for people with special
needs, as well as security services, are all mandatory elements
of a museum’s facilities (RSM, s 3). According to Article 4 of the
Rulebook on the standards of museums, the National Muse-
um must provide adequate microclimate conditions, alarms
for protection against re and theft, and the technical devices
needed for exhibitions on the premises. The adequate microcli-
mate conditions for the storage depots and exhibition spaces
are a temperature of 18˚C to 20˚C, humidity of 50% to 60% and
light of 60 lux. The General National Museum and Specialized
National Museum need to meet the same criteria, although in
comparison with the National Museum the number of museum
collections and professional sta can be reduced (RSM, s 5, s 6).
The provisions on space and equipment are as dened in Article
3, paragraphs 1 to 3 and Article 4, shall apply to the General Lo-
cal Museum, Specialized Local Museum and Private Museums.
The General Local Museum needs at least two museum collecti-
ons declared as meaningful cultural heritage under the Law on
Protection of Cultural Heritage, and professional sta formed by
one curator, one conservator, and one documentarian (RSM, s
7). The regulations for the General Local Museum also apply to
the Specialized Local Museum, although they can have only one
museum collection (RSM, s 8). The Private Museums must have
museum items or materials systematized in a museum collec-
tion (RSM, s 9), with one curator employed. Museum collectors
carry out museum activities with various or only a specic
type of museum objects (RSM, s 10 (1)). Independent museum
collections are organizational units within another legal entity
in which museum activities are carried out with various or a
particular kind of museum objects (RSM, s 10 (2)). Galleries and
independent gallery collections oer museum activities with art
objects (RSM, s 10 (3)). Article 11 regulates the conditions for de-
claring a national museum collection, an independent museum
collection, a gallery and an autonomous gallery collection; they
should have at least one museum collection declared as cultural
heritage under the Law on Protection of Cultural Heritage. The-
se organizational units have one curator and one conservator
and a total space of at least 50 m2. The same conditions apply to
the proclamation and functioning of local museum collections,
independent museum collections, galleries and personal gallery
collections, either general or specialized (RSM, s 12). Local
self-contained museum collections and independent gallery
collections meet the status of national collections, upon the
decision of the competent state body, if the collection they hold
is declared cultural heritage of particular importance according
to the Law on Protection of Cultural Heritage (RSM, s 13).
The museum documentation is kept on the ground oor pre-
mises with an adequate microclimate, security, and technical
conditions (RSM, s 14). The museum premises are accessible to
the public, throughthe organization of permanent and occasi-
onal exhibitions, with various thematic goals in Macedonia and
abroad (RSM, s 15 (1) (2)). The museum objectscan bemade
available to the public through ethnic-museums, eco-museums,
the settings of the sites ‘in situ’ and archaeological parks (RSM, s
15 (3)). Museums must give at least 40 hours of weekly access to
exhibitions to the public, and six hours a week they should provi-
de public access to materials that are not on display (RSM, s 17).
The generalization of standards to all types of museum (The Na-
tional Museum, General National Museum, Special Museum, Ge-
neral Local Museum, the Specialized Local Museum and Private
Museum) has meant that there is inadequate space for accom-
modation, research and display of the museum’s collections.
5. POTENTIAL BENEFITS OF IMPLEMENTATION OF “ICOM
CODE OF ETHICS FOR MUSEUMS IN THE REPUBLIC OF
NORTH MACEDONIA”
An essential condition for restoring trust in and the value of
museums in the Republic of North Macedonia is to respect
and not-discriminate against the multi-ethnic history of this
state. The Law on Museums must be fundamentally based on
equality and international standards. The ICOMcode oers new
opportunities for the integration and internationalization of mu-
seums, it cares about the value of each exhibit, the importance
of the museum as a building, and for the institution itself and its
purpose.
The International Council of Museums established the ICOM
Code of Ethics, which presents a minimal standard of profes-
sional practice and performance for museums. Following the
international acceptance of the code in 2006, they were revised
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in, 2013 and 2017. TheICOMCode of Ethics from 2017 consists
of eight chapters that set rules for collection, preservation, and
research, as well as oering opportunities for the appreciation
of museum collections; they also set out standards for the ma-
nagement of natural and cultural heritage, in terms of the requi-
red resources, cooperation, legal and professional functioning.
According to the rst chapter of the Code of Ethics (ICOM,
2017), “Museums preserve, interpret and promote the natural
and cultural inheritance of humanity”, the governing body of
the museumhas a constitution, status, and documents which
dene its legal status, mission, sustainability and non-prot
nature. By publishing a mission statement, goals, policies, roles,
and composition of the constituent body, the regulations gover-
ning a museum are legally established. The governing body
gives the space needed, along with a suitable environment to
apply the principles of architectural design to the museum and
provide accessibility for people with special needs. The protecti-
on of the public and sta, along with the security of the exhibits
from theft, damage and natural disasters, should be the guiding
moral principles of the institution. The task of the governing
body is also to create a strategy to provide nancial resources
from both domestic activities and capital investment funds. The
institutions’ directors or managers should have the professional
skills, professional knowledge, work experience, and abilities
needed to do their work, as well as the professionalism, morals,
ethics, and respect needed to be an eective leader. The chapter
“A museum that maintains collections holds them in trust for
the benet of society, and its development” lists the basic prin-
ciples for the operation and written approval of the process of
purchasing, caring for, collecting and using the museum funds.
The collections should be accompanied by detailed informati-
on on their history, discovery, presentation, and so on. For any
material that is part of a museum collection there should be
enough information about the place where it should or should
not be catalogued, and the conditions for storage or exhibition
should be claried. Museums must not obtain funds for use
without a work permit, and must be able to show details of how
biological or geological specimens have been collected, sold or
transferred and if they have complied with local, national, regi-
onal and international laws for the protection of cultural items.
Human remains or materials of particular spiritual importan-
ceshould be taken only if the museum can respect the origin
of the objects, and safely house them based on professional
standards along with the interests and beliefs of the group that
the objects originated from. Buying, selling, or donating items
requires special attention. First, the geo-atmospheric conditions
of the purchased item must be met, the full story of the item ac-
cording to scientic-cultural research rules must be given, and
any legislation in force for the sale of the item must be respec-
ted. Items can be accepted or sent as a gift only on behalf of the
institution. Employees, directors, close associates, and family
members of museum sta should not be involved in the sales
process in relation to the museum collection, either directly or
indirectly. The purchase of objects or samples outside the stated
policy of the museum should be made only in extraordinary
conditions. The ethics code for museums does not prevent the
museum from being an authorized depositor for cultural objec-
ts. Removal of an object from the collection should be based on
facts that support its removal. The method used for removing
an item from the collection should be determined according
to the policy of each museum. All information on the status
of items in the collection should be secured, corrected, and
detailed, used by employees and researchers (with permission),
and left to future generations in the best condition possible. The
responsibility for this process falls on the authorized person. The
museum management body should pay particular attention to
political developments with regard to the collection and protec-
tion of items during armed conicts, natural or human disasters.
According to Articles 2.24 and 2.25 (ICOM, 2017):
The museum should carefully monitor the condition of collec-
tions to determine when an object or specimen may require
conservation-restoration work and the services of a qualied
conservator-restorer. The main goal should be the stabilization
of the object or specimen. All conservation procedures should
be documented and as reversible as possible, and all altera-
tions should be clearly distinguishable from the original object
or specimen.
A museum that maintains living animals should assume full
responsibility for their health and well-being. It should prepare
and implement a safety code for the protection of its personnel
and visitors, as well as of the animals, which has been approved
by an expert in the veterinary eld. Any genetic modication
should be clearly identiable.
According to the third chapter of the ICOM (2017) Code of Ethi-
cs, the leading body has the responsibility for the care of, access
to, and interpretation of the primary evidence that is collected
and kept in their collections. The museums have exclusive
responsibility for the unfettered access to relevant collection
information, based on the academic standards and the applica-
bility of national and international law and treaty obligations. In
the absence of a framework or to establish a more professional
approach to the collection, museums should collaborate with
academic, research institutions or relevant other institutions
with the adequate prole and objectivity. Fieldwork should only
be undertaken with respect and consideration for the views
of the local communities, their environmental resources, and
cultural practices, as well as eorts to keep the cultural and
natural heritage. The museum’s duty to develop its educational
role and attract a broad audience from local communities is laid
out in the chapter of ICOM (2017) “Museums for the appreciati-
on, understanding, and management of the natural and cultural
heritage” and in the section “Museums work in close collaborati-
on with the communities from which their collections originate
as well as those they serve”. Collaboration with communities
and the promotion of their heritage is apart ofthe museums’
educational role. The use of certain items, human remains, and
sensitive materials should comply with the museum standards,
taking into account the interests and beliefs of the community
members, ethnic or religious groups from which the objects
originate. The information disclosed about these exhibits should
be the result of honest and transparent research by individuals
from appropriate academic, social, or religious disciplines. The
reliability of the information presented in an exhibition expres-
ses the seriousness of the museum as an institute, and the use
of materials of dubious origin or any lack of data on the source
of an object are not tolerated, as such things contribute to the
illicit tracking of cultural property. Museums must respect the
original identity of an item when making copies of an object,
and the copies must be identied as such. The character of exhi-
bits that have strong links to national, regional, local, ethnic, re-
ligious or political identitiesmust beaccepted by the museum’s
policies, which is boundto begeneral in this situation. The
exchange of knowledge, documentation, and information
about museum collections with relevant academic, cultural and
religious institutions should be part of the museum’s deve-
lopment strategy to protect the cultural values of minorities. In
this regard, in order to promote the preservation of the cultural
values of minorities the inter-institutional cooperation that
occurs among national or international museums should be rea-
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dy to engage in dialogue on the return of cultural property to
its country or people of origin, respecting all legal, institutional
and international rules for the exchange of cultural property.
Creating a favourable environment for community support, and
contributing to the promotion of harmonious relationships that
promote human well-being, social development, institutional,
transnational, and multi-lingual respect, requires human dignity,
and if not carefully done can easy change an entire culture.
According to the principles of chapter ve from the ICOM (2017)
Code of Ethics:
Museums utilize a wide variety of specialisms, skills and physi-
cal resources that have a far broader application than in the
museum. This may lead to shared resources or the provision
of services as an extension of the museum’s activities. These
should be organized in such a way that they do not compro-
mise the museum’s stated mission.
The monetary valuation or museum identication service should
not be used in such a way asto be regarded as beneting from
such activity in a related or indirect means. All such museum
services must bein full compliance with international, national,
regional, local legislations. The last chapter ofthe ICOMCode for
Ethics outlines a professional approach to museum operation.
Museum employees, in addition to knowing and adhering to the
standards, laws, and conventions that are in force, must also bear
moral and ethical responsibility for the dissemination, preserva-
tion, and use of information about the museum’s activities and
collections. Datacan beused to tell the public about the purpose
and aspirations of the museum profession in order to develop a
better understanding of the museum’s contribution to society,
always based on the related regulations. It is also the responsibi-
lity of employees to work both directly and indirectly against the
tracking and illegal possession of natural and cultural property.
According to Article 8.18 (ICOM, 2017):
In any conict of interest develops between an individual and
the museum, the interests of the museum should prevail.
6. CONCLUSION
In a multi-ethnic state, documenting, displaying and presen-
ting objects only in relation to a Macedonian identity, whether
by a museum worker or academic research institution, and
withoutthe incorporation of researchers or academic-cultural
institutions of Albanians, Turks, Vlachs and so on, or withoutre-
presentatives of religious groups such as Muslims, Christians,
and Eastern Orthodox, cannot be accepted. Due to the actions
of recent years, museums in the Republic of North Macedonia
have no social credibility. While the law and standards on mu-
seums within the Republic of North Macedonia do not require
museums to incorporate multiculturalism into their research
and display of their collections, museums in the Republic of
North Macedonia will always act as headquarters for the creati-
on of a Macedonian national identity. Considering the delicate
situation of North Macedonia with regard to the acceptance of
the multi-ethnic character of the state, the Law on Museums
should be elaborated as a development strategy including the
following three phases:
1. Strategic planning
2. Museum master planning
3. Architectural and exhibition master planning
For this reason, we suggest that the development of museums
be based on the ICOM Code of Ethics (2017).
In these, the primary aims are the democratization of museums
as an institution, universal integration, respect for cultural heri-
tages, respect for the principles of collection presentation, and
moral and ethical leadership. Working towards transparency,
free access, responsibility for the museum itself as an institution,
and respect for national and international laws and codes, all
help gain public trust and integrate professional qualications
with the aim of social sustainability. To restore trust, value, and
the primary principles of museums, the Republic of North Mace-
donwinaia should:
■Denationalize and depoliticize museuminstitutes;
■Democratize museums as institutions;
■Acceptthe ICOMCode of Ethics as a primary code, and
then adapt the entire law and standards of museums in the
Republic of North Macedonia, as needed;
■Oblige museums in North Macedonia to draft documenta-
tion and operating conditions based onthe ICOMCode of
Ethics;
■Reorganize and reallocate cultural funds based on multicul-
tural research expertise;
■Support the main social-sustainability principle, forcing muse-
ums to work for the improvement of inter-ethnic relations; and
■Respect the principles of museum architecture and enviro-
nmental design.
The next research step is to uncover these relevant practices
and to demonstrate the potential of their translation into a die-
rent socio-cultural context. Thus the problem of an articially
created architectural identity, that literally reects the degrada-
tion ofmuseums in the Republic of North Macedonia, will be
addressed.
Acknowledgement
This research paper is elaborated as a reection on the
author ’s Ph.D. pro gress entitled: “Museu ms as generators
of identity in Skopje”, at the University of Ljubljana- Faculty
of Architecture, Ljubljana, Slovenia. Supervised by: prof. dr
Tadeja Zupančič.
LIST OF TABLES:
Table1. Statistical data for museums in the Republic of North Mac-
edonia, viewed 5 May 2019, http://www.stat.gov.mk/PrikaziSoop-
stenie_en.aspx?rbrtxt=30
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