APPEAL TO THE INTERNATIONAL INSTITUTIONS

APPEAL TO THE INTERNATIONAL INSTITUTIONS, DEALING

WITH THE PROBLEM OF THE ERASED PERSONS IN SLOVENIA

 

          - Commissioner for Human Rights of the Council of Europe

            - European Commission against Racism and Intollerance (ECRI)

            - UN Committee on Human Rights

            - UN Committee on Economic, Social and Cultural Rights

            - Committee on Petitions of the European Parliament

            - European Court of Human Rights

            - Amnesty International

Sixteen years after the erasure of 18.305 persons, former citizens of ex-Yugoslavia, from the register of permanent residents of Slovenia, which was declared illegal by the Constitutional Court in 1999, the problem is still unresolved. The implementation of the second decision of the Constitutional Court from 2003, demanding quick resolution of the problem, was first avoided by the Government, fearing the xenophobic pressures of the opposition (in 2003 and 2004) – and is now, when the opposition of that time came to power, totally blocked and even ignored by the actual Government. That's why the pressure of international institutions on Slovenia remains our only hope – and, in this appeal to them,  we are trying to draw their attention to the fact that also all their supports till now were in vain.

A.  To those of them which had already supported our cause

1. The Commissioner for Human Rights of the Council of Europe requested even two times, in his reports in 2003 and 2005, a quick and complete implementation of the decisions of the Constitutional Court. Both recommendations: totally ignored.

2. Almost the same was done also by the European Commission against Racism and Intollerance (ECRI), two times as well. Both recommendations: totally ignored.

3. The UN Committee on Human Rights issued its recommendations, similar to those aforementioned, in its report on Slovenia from July 2005. Totally ignored in Slovenia – not only by the Government, but even by the main media.

4. The findings and the recommendations of the UN Committee on Economic, Social and Cultural Rights (in its report on Slovenia from November 2005) were even stronger than those aforementioned, due also to the strong engagement of the Amnesty International in favour of the erased. Exactly as in the former case, also this time the Government totally ignored not only the contents of the recommendations, but also the repeated special request that they should be »widely disseminated throughout the State party in all appropriate languages«. On the contrary – the silence about reports of both UN Committees was almost complete.

B. To those of them which are still dealing with this issue

1. The Committee on Petitions of the European Parliament discussed our »Petition No. 320/2005« on 26 February 2007 and decided to request the reply of Slovenian Government to our petition. Till now, we received no such reply. And it is hard to expect a fair judgement from the side of EU-institutions against the Government of the Member State just presiding the EU, especially in so highly politicized issue  regarding heavy violations of human rights of so many persons.

2. So, the only hope for us remains the judgement of the ECHR in Strasbourg in the case no. 26828/06 (Makuc and others against Slovenia). Unfortunately, just this court of justice is by its rules prevented to take into account the origin of this issue, i.e. the illegal erasure itself which happened two years before Slovenia ratified the European Convention on Human Rights, and to rule directly on the consequences of that hard violation of human rights. Notwithstanding this unhappy circumstance, we hope that the Court will find the appropriate way to resolve fairly this difficult and delicate question where, however, the main violation of human rights was so clear, so heavy and so great in the number of victims, although out of direct reach of the jurisdiction of the ECHR.

3. To the Amnesty International

We are expressing special gratitude and thanks to the Amnesty International for all its actions in favour of the erased in Slovenia and especially for being the only international institution so far that has requested also the fair reparation of damage caused to the erased.

Association of the Erased Residents of Slovenia,

at it's 6th Annual Meeting in Ljubljana, 24 February 2008

in Leto 2008
on 24 Maj 2019

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