A/HRC/40/64/Add.1
at the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the
Republic of Slovenia (2010), which limits the amount of compensation and was deemed
unconstitutional at the time of writing.
55.
The ongoing saga of thousands of people who have still not been regularized under
the requirements and limitations of the above-mentioned Act raises the spectre of
discrimination against the minorities of the former Yugoslavia from the point of view of
international human rights obligations. Indeed, as the Constitutional Court of Slovenia
announced just a few days before the Special Rapporteur conducted his mission, the
government compensation scheme should be amended to ensure that individual claimants
can require judicial review of the amount of lump-sum damages.
VII. Conclusions and recommendations
56.
In many ways, Slovenia is an impressive country. The State has a strong
commitment to and tradition in recognizing and protecting human rights, has long
stood out for the way it has protected some of its minorities, and is a haven of peace
and stability.
57.
Progress in and strengthening of human rights protections, and measures for
many of its minorities have been noticeable in recent years, and Slovenia should be
commended for them. There are nonetheless omissions, uncertainties, contradictions
and gaps that should be acknowledged and addressed to better protect the human
rights of minorities.
58.
The Special Rapporteur invites the Government of Slovenia, human rights
institutions such as the Ombudsman and the Advocate of the Principle of Equality,
civil society actors, minority organizations, and other parties to consider his nonexhaustive recommendations below.
A.
Disaggregated data for better and more effective policies
59.
The current lack of clarity with regard to the demographic situation of
minorities, and the continued reluctance to collect data on matters such as ethnicity,
religion or language, are frustrating for many and unhelpful for authorities and
policymakers. As seen in the case of other countries, respect for an individual’s
personal data does not necessarily mean that information cannot be collected for the
purposes of public policy, just as data on gender, age and other characteristics can be
obtained for these purposes.
60.
The Special Rapporteur recommends that the Government of Slovenia take
steps to address these issues, by:
(a)
Studying how other countries collect and analyse data disaggregated by
ethnicity, religion or language while being sensitive to and respecting privacy;
(b)
Considering and proposing, if necessary, legislative clarification to
ensure the appropriate balance between the two are taken into account and set out
without ambiguity.
B.
Strengthening the national human rights system
61.
The independence and primary role of human rights institutions should be
guarded and cherished, particularly in the light of their importance for the protection
of society’s most vulnerable and marginalized communities, including minorities. The
Special Rapporteur recommends that the Government make greater efforts in this
regard, by, inter alia:
(a)
Adopting multi-year funding formulas for both the Office of the
Ombudsperson and the Advocate of the Principle of Equality that properly reflect
their current or expanded mandates, including the conduct of campaigns aimed at
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