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Lehigh Preserve Institutional Repository Lehigh Preserve Institutional Repository The Erased of Slovenia: Fighting for Retribution Oliver, Katherine 2014 Find more at https://preserve.lib.lehigh.edu/ This document is brought to you for free and open access by Lehigh Preserve. It has been accepted for inclusion by an authorized administrator of Lehigh Preserve. For more information, please contact [email protected]. THE ERASED OF SLOVENIA: FIGHTING FOR RETRIBUTION Katherine Oliver “We were locked in this country. I felt literally like a prisoner. I couldn’t go anywhere.” “I’ve lived here for so many years, I had permanent residence registered in Ljubljana, my children were citizens and Slovenes through their father…and I had a regular job…I couldn’t know that I was going to lose my rights if I didn’t take citizenship. And how many rights I lost!” “Apparently, I had been erased on 26 February 1992 and didn’t know it until 1994 when I wanted to transfer ownership of a car.” —“The Erased: Information and Documents.” Slovenia had long been lauded for being residing in the country. The Erasure resulted the most successful post-Yugoslavia country. in the removal of names from official databases, The first former communist country to join ultimately giving these individuals the status of the European Union (EU), followed by impres- illegal aliens, even though many had lived and sive economic growth, the Republic of Slovenia worked in Slovenia for years. Along with the was viewed as an excellent example of a thriv- removal of their legal status was the loss of all ing, prosperous EU member. Slovenia did en- their rights: social, economic, and political. All joy success in many areas, and those victories of this transpired in 1992. should be neither forgotten nor diminished. For two decades the government of Slo- However, the booming economy and flourish- venia has allowed a portion of its population, ing state of the Republic overshadowed grave collectively known as the Erased, to reside in injustices within the country; one of the most Slovenia without basic human rights. Occa- notable was the issue of the Izbrisani (Erased) sionally the government has commented on people. the unconstitutionality of their status yet has Six months after gaining independence, done little to fix the situation. Now, with the the Slovenian government performed a mass European Court of Human Rights (ECHR) Erasure of at least 25,000 inhabitants legally involved, Slovenia is being pressured to 99 compensate the individuals who became vic- began erupting more frequently within the tims of Erasure two decades ago. As the Repub- republics. The tension and issues escalated, lic of Slovenia designs the compensation plan, eventually resulting in republics severing their the government must devise a strategy that relationship with Yugoslavia. It was in this hos- encompasses all those affected by Erasure— tile environment that the Socialist Republic of those who have gained status, those without Slovenia seceded in 1990 (“Case of Kuric´…,” it, those who have left the country, and those 2010, p. 5). who have passed away—and that remunerates It was not until June 25, 1991, however, those who suffered with appropriate compen- that this separated republic officially became sation for what they lost during the years they the independent Republic of Slovenia. On this were erased. same day, the new republic enacted the Citizen- I begin by briefly outlining Slovenia’s ship of the Republic of Slovenia Act. According history and transition to an independent state. to Article 39 of this act, continuous Slovenian Next I detail key pieces of legislature that en- citizenship was provided to any individual who abled the government to refuse thousands of held it while Slovenia was part of Yugoslavia— individuals their basic rights. In an effort to in other words, all persons born in Slovenia. highlight the injustices suffered, I recount sto- The following article, Article 40, permitted in- ries shared by Erased individuals. I examine dividuals from other former SFRY republics to Slovenia’s inefficient and incomplete attempts apply for Slovenian citizenship if they met the at remedying the situation before focusing on requirements. In order to be eligible to apply, the intervention of the ECHR and the resulting Article 40 stated that an applicant must have legislation in Slovenia. Finally, I outline the had permanent residence status on or before improvements that have been made as well as December 23, 1990 (the day they voted on in- the measures that still need to be implemented dependence), must be living in Slovenia (i.e., to create a more complete and satisfying form earn a living in, dwell in, and fulfill obligations of retribution. to the state [Medved]), and must apply within a six-month period from the day the act was is- History: Yugoslavia through sued (no later than December 25, 1991). Under Slovenian Independence these specifications two groups of people were immediately barred from acquiring citizen- Socialist Federal Republic of ship: those who became permanent Slovenian Yugoslavia residents after December 23, 1990, and those who lived and worked in Slovenia but did not In 1963, after the acquisition of new have permanent residence. Aside from those al- land and several name changes, the land in ready holding Slovenian citizenship, acquiring the southern part of central Europe, formerly citizenship in the newly independent Republic known as the Kingdom of Serbs, Croats, and of Slovenia was voluntary (Jalušicˇ and Dedic´). Slovenes, officially became the Socialist Fed- It seems, though, that the consequences eral Republic of Yugoslavia (SFRY). Although of not obtaining citizenship were not well com- seen as one large republic, the SFRY comprised municated, and many inhabitants who did not six smaller republics: Bosnia and Herzegovina, apply did not do so because they were unaware Croatia, Slovenia, Macedonia, Montenegro, and of what foregoing citizenship would cause Serbia. Serbia itself contained two autonomous them to lose (“The Erased: Information…”). provinces, Vojvodina and Kosovo. Individuals Sixteen years earlier, in 1976, the Citizenship living in the SFRY retained dual citizenship— Act of the Socialist Republic of Slovenia had citizenship of the republic in which they were granted both citizens and non-citizens equal born as well as Yugoslav citizenship. Josip rights, with the exception of a few citizen- Tito, Yugoslavia’s President for Life, strived to ship-only rights, like voting (Medved, p. 308). maintain unity within this ethnically heteroge- Equal rights for all legal inhabitants for the neous region by suppressing any nationalistic past 16 years may have contributed to people’s demonstrations. After Tito’s death in 1980, eth- beliefs that because they were legal, foregoing nic tensions that had been building for years the acquisition of Slovenian citizenship would 100 have no impact on their status and standard of fell under the jurisdiction of the Aliens Act— living (“Constitutional Court Decision...”). In an act, according to Slovenia’s Constitutional the 1999 Constitutional Court ruling (“Consti- Court, that was intended to control the status tutional Court Decision...”), the Court explic- of foreigners entering Slovenia after indepen- itly stated that SFRY foreigners had the right dence. In this instance, however, the govern- to presume that their residence and way of life ment applied it to foreigners legally living would continue in the new Republic. This was in Slovenia prior to independence (“Case of especially true for inhabitants with permanent Kuric´…,” 2010, p. 31). The “type” of foreigner residency, because this alone ensured many that persons were dictated which article of the civil, social, economic, and some political Aliens Act they were subjected to. Non-SFRY rights. One Erased woman wrote: foreigners holding permanent residence per- We didn’t apply for citizenship in 1991. mits were protected by Section 82. Section My husband was working all the time, I 82 ensured permanent residence permit va- had a job and three daughters to take care lidity for these foreigners if the permit was in of, and because we both knew we had their possession at the time of the Aliens Act permanent residence and employment enactment and if it was issued through the with unlimited contracts, we thought ac- Movement and Residence of Foreigners Act. quiring Slovenian citizenship wasn’t Meanwhile, foreigners immigrating from SFRY necessary. We weren’t aware of possi- republics were governed by Section 81, which ble consequences. We never talked to only afforded them two months after December anyone about citizenship and why we 25, 1991, before legally becoming aliens (“Case should apply for it (“The Erased: Informa- of Kuric´…,” 2010, p. 27). Many of these SFRY tion…”). citizens had been living in Slovenia for years Another possible reason for the decision prior to independence—some for as long as 15 to forego obtaining citizenship was the Yu- years. Still, on February 26, 1992, the Ministry goslav law stating that upon the acquisition of the Interior transferred former SFRY per- of citizenship in one republic, citizenship in sons who had yet to apply for Slovenian citi- another republic was revoked. The desire to zenship, or whose applications were rejected, retain citizenship in one’s republic of origin from the Register of Permanent Residence to may have contributed to the Erased choosing the Register of Aliens without a Residence Per- not to apply for Slovenian citizenship (“Case of mit; in other words, they were erased. All of this Kuric´…,” 2010, p. 5). Regardless of why they was done without the knowledge of the people chose not to apply, this woman and her family to whom it was happening (“Case of Kuric´…,” were certainly not alone in their assumptions 2010, p. 7). that life without Slovenian citizenship would Interestingly, during the drafting of the carry on as normal.
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