A/HRC/40/64/Add.1
diarrhoea and skin rashes. Lack of water undermines the ability to maintain basic hygiene,
especially in cold weather. The Special Rapporteur heard reports that this was in fact one of
the factors contributing to discrimination against Roma children, who consequently avoided
schools in more than one community.
41.
The above-mentioned examples highlight a fundamental gap between stated policies
and programmes on the one hand and reality as experienced by members of the Roma
minority on the other. A lack of political will of some municipalities, such as in the
Dolenjska region, and the national Government to resolve the legal status of Roma
settlements persists, affecting access to education, health care, basic services and
employment opportunities.
42.
As many others have pointed out, including the Ombudsman in a report published in
2015, these are not only domestic human rights issues but also human rights issues that
relate directly to the State’s international human rights obligations in relation to minorities.
Slovenia is therefore responsible for ensuring that all public authorities seek to realize these
rights.
D.
Effective implementation and comprehensive legislation for the
protection of minorities
43.
Slovenia is an exceptional crossroads of civilizations and cultures in Europe. The
rich diversity that this generates and the contributions made by those who make up the
country’s population are, however, simply not reflected in a balanced way in the current
three levels of minority protection: the Hungarian and Italian minorities at the apex; the
Roma (at least in theory) in the middle; and all “others” at the bottom. Such a situation can
lead to resentment and frustration, as individuals from some of the largest minority
communities feel unrecognized, disrespected and left out.
44.
State support for cultural activities clearly illustrates the disequilibrium. In 2017,
Hungarian and Italian cultural activities received funding worth some €421,000 and
€288,000 respectively. All six minorities of the former Yugoslavia received the same year a
combined amount of only €130,000 – even though most of the six communities are much
larger in number (according to the data collected in the census in 2002) than the Hungarian
and Italian minorities combined. Initial promising developments, such as the adoption in
Parliament – following consultations with Albanian, Bosniak, Croat, Kosovar, Macedonian,
Montenegrin and Serb minority representatives – of the declaration on the status of national
communities of members of nations of the former Yugoslavia in Slovenia and the
subsequent establishment of a consultative council (see para. 24 above) have not been
followed up on in any meaningful way since. In fact, the consultative council actually
ceased to function between 2012 and 2015.
45.
Representatives of the Albanian, Bosniak, Croat, Kosovar, Macedonian,
Montenegrin and Serb minorities who met with the Special Rapporteur stated that, while
they hoped for recognition of some form of status as national minorities in Slovenia, they
felt strongly that their presence and constructive role in the country should be fairly
acknowledged, also in practical terms, such as support for the teaching of their languages in
schools and proportionate funding for cultural activities.
46.
Without diminishing the rights already recognized of the Hungarian, Italian and
Roma minorities under the Constitution or in relevant legislation, comprehensive general
legislation on the protection of minorities, recognition of the rights of minorities of the
former Yugoslavia and of those such as the German-speaking, Jewish, Muslim and other
religious minorities (as is often the case in many countries) would fill a serious gap and
address inconsistencies that are healthy neither for Slovenia as an inclusive society nor for
its members, including the individuals belonging to minorities and who are contributing
positively to the national community. Not all minorities need to be treated equally, since
their needs are not identical; the fact that long-established minorities may be entitled to
more generous provisions and policies is widely recognized. Such measures would, as was
pointed out by the Office for National Minorities itself, help to complement the legal
system in the protection of human rights throughout the country, though they should
10