A/HRC/40/64/Add.1
30.
As many international and European organizations have noted, the lack of updated
information makes it particularly difficult to identify those subject to discrimination and to
build adequate, evidence-based policies to guarantee access to services or full compliance
with even basic rights, such as the right to education. In the Special Rapporteur’s view, as
in the case of most if not all international observers, disaggregated data are indispensable to
ensure that measures taken to address human rights issues, including those of minorities,
are effective. The issue was acknowledged in many discussions with various parties,
governmental and non-governmental organizations, and the Special Rapporteur sensed
during some of them a degree of frustration, particularly in the case of civil society parties,
at the situation, which is viewed as an obstacle to concrete progress on human rights issues
involving Roma and others.
31.
It is unfortunate that Slovenia has not yet studied how a variety of States have been
able to protect personal data while still collecting disaggregated data in their censuses or
through other means. Slovenia has well-established research centres, such as the Institute
for Ethnic Studies and the Peace Institute, which in the past have conducted high quality
work on the effectiveness of State policies. They now find themselves clearly hampered
owing to the lack of reliable, long-term data, and are therefore unable to provide the
guidance and knowledge that would be essential to gain a clear insight into the impact of
current or potential policies in critical areas such as education, equality, social services and
development for minorities and all other vulnerable segments of society.
B.
National human rights system
32.
The rights of minorities are human rights, and any strengthening of the State’s
human rights mechanisms will therefore benefit minorities. The Special Rapporteur was
impressed by the work and research conducted by such human rights mechanisms as the
Office of the Ombudsman and the Office of the Advocate of the Principle of Equality. He
was able to examine their work in detail and the type of issues that they address, and the
role they are or can play in relation to minorities. In the case of the Advocate, long-term
funding (even if the office receives sufficient funding to carry out its new mandate) is far
from finalized; although funding for 2018 had not yet been determined at the time of the
mission, the amount of funding projected for the Office – €500,000 – appeared insignificant
when its new responsibilities are taken into consideration. In the case of both mechanisms,
inconsistencies in legislation need to be addressed, while much more remains to be done in
terms of awareness-raising initiatives for the general public, and minorities in particular.
C.
The Roma minority
33.
Though not among the largest minority communities in Slovenia, the Roma and
Sinti communities continue to be the most marginalized and vulnerable. The specific rights
(housing, education and employment) provided for under the Roma Community Act (2007)
are restricted to “autochthonous” Roma. Officially, “non-autochthonous” Roma have no
status nor specific rights under this constitutional and legal framework, a fact criticized
widely by numerous international and European organizations. Almost none of the people
the Special Rapporteur met in Slovenia thought the distinction necessary or useful. The
amendments proposed to the Roma Community Act were unfortunately not adopted in
2018 because of the upcoming national elections. This is perceived by some as a setback,
since there is no guarantee the amendments will be adopted after the elections. The
contentious distinction drawn between “autochthonous” and “non-autochthonous” Roma,
however, remains untouched, even in new proposals.
34.
Members of Roma communities in Slovenia referred to the ongoing difficulties
encountered in obtaining any legal status for their settlements, when exercising voting
rights, in their access to drinking water, sanitation and electricity, and more generally to
employment, housing and public services. Despite some progress and a willingness of State
authorities to conduct new initiatives and take measures to address these challenges,
discrimination and prejudice from the majority community, including some municipal
authorities, continue to hamper concrete improvements on the ground.
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