ACFC/INF/OP/II(2005)005
ADVISORY
COMMITTEE ON THE FRAMEWORK CONVENTION
FOR
THE PROTECTION OF NATIONAL MINORITIES
__________________
Second
Opinion on
adopted
on
EXECUTIVE SUMMARY
Since the adoption of the first Opinion of the
Advisory Committee in September 2002,
There remain, however,
shortcomings in the implementation of the Framework Convention. In respect of the Hungarians
and Italians, additional efforts should be made, at the central and, in
particular, at the local level, in order to ensure that existing legal framework related
to the promotion of their cultural identity, their access to media and the use
of their languages in the public sphere, is implemented more effectively.
Further steps should be taken,
in co-operation with those concerned, to address the difficulties faced by many
Roma in housing, employment and education, where more resolute action is needed
to eliminate the persisting practice of segregating Roma children.
Increased efforts should be made to promote
tolerance and intercultural dialogue in respect of persons from other parts of
the former Yugoslavia (SFRY) living in
In addition, there is a need
to pursue a more inclusive approach and wider dialogue at the domestic level
with regard to the personal scope of application given to the Framework
Convention in
TABLE OF CONTENTS:
Personal scope of application of the Framework Convention
General legislative framework and institutional
arrangements
Preservation and affirmation of identity
Tolerance and intercultural dialogue
Participation in public affairs
II. ARTICLE-BY-ARTICLE
FINDINGS
ARTICLE
3 OF THE FRAMEWORK CONVENTION
Personal
scope of application of the Framework Convention
ARTICLE
4 OF THE FRAMEWORK CONVENTION
Legal
and institutional protection from discrimination
Legal status of persons deleted from the list of
permanent residents
Implementation
of the principles of equal treatment and non-discrimination in respect of the
Roma
ARTICLE
5 OF THE FRAMEWORK CONVENTION
Preservation
of the culture and identity of Hungarians and Italians
State
support for the preservation and affirmation of Roma identity
ARTICLE
6 OF THE FRAMEWORK CONVENTION
ARTICLE
9 OF THE FRAMEWORK CONVENTION
Access
to media by Hungarians and Italians
Access
to, and presence in the media of the Roma
Language
legislation and the media
ARTICLE
10 OF THE FRAMEWORK CONVENTION..
Use of
minority languages in dealings with the administrative authorities
ARTICLE
12 OF THE FRAMEWORK CONVENTION..
Intercultural
dimension of education
Equality
of opportunity in access to education. Situation of the Roma.
ARTICLE
14 OF THE FRAMEWORK CONVENTION..
Learning
of minority languages and instruction in those languages
ARTICLE
15 OF THE FRAMEWORK CONVENTION..
Participation
by Hungarians and Italians in decision-making at central level
Participation
by Roma in public affairs
ARTICLE
18 OF THE FRAMEWORK CONVENTION..
ADVISORY COMMITTEE ON THE FRAMEWORK
CONVENTION
FOR THE PROTECTION OF NATIONAL
MINORITIES
SECOND OPINION ON
1. The
Advisory Committee adopted the present Opinion on 26 May 2005 in accordance
with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97)
10 of the Committee of Ministers. The findings are based on information
contained in the 2nd State Report (hereinafter the State Report), received on 2
July 2004, and other written sources and on information obtained by the
Advisory Committee from governmental and non-governmental contacts during its
visit to Ljubljana, Murska Sobota, Lendava and Koper from 4 to 8 April 2005.
2. Section
I below contains the Advisory Committee’s main findings on key issues
pertaining to the implementation of the Framework Convention in
3. Both
sections make extensive reference to the follow-up given to the findings of the
first cycle of monitoring of the Framework Convention, contained in the
Advisory Committee’s first Opinion on
4. The concluding remarks,
contained in Section III, could serve as the basis for the Committee of
Ministers’ forthcoming Conclusions and Recommendations on
5. The
Advisory Committee looks forward to continuing its dialogue with the
authorities of
6. The Advisory Committee welcomes the Slovene
authorities’ willingness to pursue, in the context of the second cycle of
monitoring of the Framework Convention, the dialogue on the implementation of
this convention is
7. It
is unfortunate that representatives of national minorities and Slovene civil
society were able only belatedly to acquaint themselves with the findings of
the first cycle of monitoring of the application of the Framework Convention,
the Opinion of the Advisory Committee and the government’s comments theron,
which were published just prior to the Advisory Committee’s second-cycle visit
to Slovenia. As well as making the Advisory Committee’s dialogue with the
relevant non-governmental contacts more difficult, this situation has also had
an adverse impact on the effectiveness of the monitoring of the Framework
Convention. It is essential that, in future, the authorities take more decisive
measures to inform the public and raise awareness of the findings of the
monitoring process, inter alia, by translating the relevant documents,
such as the Opinion of the Advisory Committee, the State Comments and the
corresponding Resolution of the Committee of Ministers.
8. Without
the publication and dissemination of information about the first cycle and
adoption of the first Resolution by the Committee of Ministers, the Slovene
authorities were unable to hold a follow-up seminar bringing together
representatives of the various government bodies concerned, national minorities
and the Advisory Committee, in order to consider the most appropriate ways of
translating the findings of the monitoring process into action. The experience
of the first monitoring cycle in respect of several countries shows that, on
the one hand, such activities foster constructive dialogue at national level
regarding the implementation of the Framework Convention, and, on the other
hand, they raise awareness and give the various groups concerned a better
understanding of the issues surrounding national minorities. It is to be hoped
that, as indicated during the Advisory Committee’s visit to
Personal scope of application of the Framework Convention
9. The Slovene authorities
retain their approach whereby the Framework Convention for the Protection of
National Minorities applies only to members of the Hungarian and Italian
autochthonous communities, recognised as national minorities, and members of
the Roma community. Although, in practice, some assistance measures in specific
fields – including culture and education – are provided to persons belonging to
other ethnic groups who live in Slovenia, there has been no progress since the
first monitoring cycle, nor dialogue opened by the competent authorities at
national level, as to the possibility of extending the personal scope of
application of the Framework Convention.
10. The case of non-Slovenes
from other parts of the former
11. The legal status of non-Slovenes from former Yugoslavia (SFRY)
who, having been deleted from the register of permanent residents in 1992,
found themselves foreigners in the country they were living in and who have
subsequently been unable to regularise their presence in
12. The Advisory Committee
considers that the distinction based on the concept of
“autochthonous” should not be retained as the determining criterion to define the
personal scope of application of the Framework Convention.
13. It is noted for instance
that, in practice, some Roma remain outside the protection of the Framework
Convention, owing to the above-mentioned distinction, which the authorities
continue to make in relation to them, although it cannot be found in either the
Constitution or the declaration deposited when the convention was ratified. In
addition, the German-speaking population and the Sinti of Slovenia are not
eligible, in the view of the Government, for such protection either. More
generally, the Advisory Committee considers, in line with the conclusions of
the first monitoring cycle, that the authorities should open a dialogue
internally concerning their position in respect of the personal scope of
application of the Framework Convention. In consultation with those concerned,
they should consider the possibility of applying the relevant articles of the
Framework Convention to other persons, including non-citizens if appropriate.
General legislative framework and institutional arrangements
14. The Advisory Committee recalls the high
level of protection established by the Constitution for the Hungarian and
Italian minorities, which is detailed in the relevant legislation. The Advisory
Committee also notes that discussions are under way as to the possible
enactment, in line with Article 65 of the Constitution, of a general law on the
status and rights of Roma. The authorities are urged to continue the
consultation under way and to examine the possibility of drafting such a law.
15. The passage, in May 2004, of the Act on Equal
Treatment is also to be welcomed. This Act provides, inter alia,
additional means of protection from discrimination by setting up the Council
for the Implementation of the Principle of Equal Treatment and establishing the
institution of Advocate for the Principle of Equality. It is essential that
every effort is made to ensure the smooth operation of these new institutions,
and particularly that the activities of the Advocate for the Principle of
Equality enjoy the necessary independence. Specific measures should also be
taken to inform the public and raise awareness in this respect.
16. Shortcomings
are reported, however, in the implementation of the legislation dealing with
the protection of minorities, notably at the local level and, in some cases,
owing to a lack of co-ordination among the relevant public authorities, at both
the central and local levels. In particular, it appears that some local
authorities are reluctant to allocate budgetary funds to measures aimed at
improving the situation of Roma. At the same time, the Hungarian and Italian
minorities report problems in the practical application of the legislation
concerning the use of the Hungarian and Italian languages in the public sphere,
in the relevant regions.
Preservation and affirmation of identity
17. The
Advisory Committee is pleased to note that Hungarians and Italians continue to
enjoy particularly favourable conditions when it comes to the preservation and
development of their culture. However, representatives of both communities have
expressed certain concerns about the prospects for the preservation and
affirmation of their identity, reporting shortcomings in respect of the level
of resources allocated to their cultural projects and their future
participation in the management of cultural institutions. Shortcomings are also
reported in terms of actually exercising the special rights secured to these
persons in the linguistic field, which is crucial to the preservation of their
identity
18. Although
progress has been made in this area, more decisive measures are needed at all
levels with a view to promoting Roma culture and identity and encouraging more
positive attitudes towards Roma within society.
19. The
preservation and development of the identity and culture of persons belonging
to other groups, such as non-Slovenes from former Yugoslavia (SFRY) and the
German-speaking population, necessitate more substantial efforts on the part of
the authorities. Although positive developments have taken place, both in the
education sector and in terms of the assistance granted for cultural projects,
the State engagement in this area remains limited, and the resources mustered
are not commensurate with the needs.
Tolerance and intercultural dialogue
20. Generally
speaking,
21. The
Advisory Committee considers, in particular, that it is essential to develop a
social climate and attitudes that are more conducive to the integration, within
Slovene society, of non-Slovenes from former Yugoslavia (SFRY). Urgent
attention should be given to those who, having been deleted from the register of
permanent residents in 1992, are still waiting for their legal status to be
resolved. The receptiveness and particular commitment shown in this connection
by public institutions such as the Human Rights Ombudsman (hereinafter:
Ombudsman) and the
22. The
Roma continue to face various problems in
23. As
regards education, the Advisory Committee notes that, broadly speaking, and
thanks to the various measures taken by the Government, there is a greater
level of inclusion of Roma children in the education system. However, the
practice of undue placement of these children in “special” schools has not been
completely abolished. In addition, albeit in isolated cases, separate classes
or groups of Roma children in ordinary schools continue to be reported. It is
too early, at this stage, to assess the success of the measures taken with a
view to discontinuing such practices and properly integrating all Roma children
into the education system.
24. Although
there have been improvements, Roma participation in decision-making remains
insufficient. More decisive efforts are needed in order to ensure more
effective participation by the Roma councillors elected to municipal councils.
The Advisory Committee also notes that one municipality has still not elected a
Roma representative to the local council, as provided for by the Local
Self-Government Act and the related
Participation in public affairs
25. Generally
speaking, Hungarians and Italians enjoy conditions conducive to their
participation in decision-making at central and local level. However,
deficiencies are reported by the representatives of both communities as regards
the actual impact of this participation, particularly at central level.
II. ARTICLE-BY-ARTICLE FINDINGS
ARTICLE 3 OF THE FRAMEWORK CONVENTION
Personal scope of application of the Framework Convention
Findings of the first cycle
26. In its first Opinion on Slovenia, the
Advisory Committee encouraged the authorities to adopt a more inclusive
approach to the personal scope of application of the Framework Convention and
to consider the possibility of including persons belonging to other groups, in particular the German-speaking
population and non-Slovenes from other parts of former Yugoslavia (SFRY), in
the protection afforded by this Convention, on an article-by-article-basis.
27. In
view of the legal and practical uncertainties raised by the concept of
“autochthonous” character, used by some authorities to determine which persons
belonging to the Roma community are covered by the Framework Convention, and
the risks of arbitrary exclusion inherent in this concept, the authorities were
also invited to review its relevance and the justification for retaining it.
Present situation
Outstanding issues
28. The Advisory Committee
notes that, in accordance with the declaration deposited by
29. According to the information available to the
Advisory Committee, the “autochthonous” character of the population in
question, closely bound up with the principle of territoriality, continues to
represent a key element in the definition of the personal scope of application
of the Framework Convention.
30. In
the case of the Roma, the Advisory Committee notes that only those Roma
considered “autochthonous” are included by the Slovene authorities in the scope
of application of the Framework Convention, even though neither the Slovene
Constitution nor the aforementioned declaration mention such a requirement in
relation to them.
31. The
Advisory Committee finds it regrettable that no progress has been made in this
respect, and that the Slovene authorities have not considered the matter since
the first monitoring cycle. It notes that, although legal uncertainty subsists
with regard to the meaning of the term “autochthonous”, the distinction between
“autochthonous” and “non-autochthonous” Roma communities is still present in
the practice of most of the government bodies responsible for protecting
national minorities.
32. The Advisory Committee considers this
approach problematic in the light of the Framework Convention, and finds that
it is likely to give rise to arbitrary exclusions and discriminatory practices
in respect of certain persons potentially concerned by the specific policies
and measures implemented under this convention.
33. The
Advisory Committee recalls the presence in Slovenia of a significant number of
former citizens of other republics of former Yugoslavia (SFRY) - of Albanian,
Bosniac, Croatian, Macedonian, Montenegrin, Serbian and other ethnic origins - who do not enjoy a recognition or
protection comparable to that afforded to the Hungarian and Italian minorities,
or even to the Roma. It notes
that most of these persons had already settled permanently in
34. The Advisory Committee
acknowledges that the Contracting Parties have a margin of appreciation in
determining the personal scope of application of the Framework Convention. It considers, however,
that it is part of its duty to examine the personal scope of application given
to the implementation of the Framework Convention in order to verify that no
arbitrary or unjustified distinctions have been made.
35. The Advisory Committee finds regrettable
that the authorities have decided to address the situation of these persons as
part of their policy on economic immigrants[3], despite their formal request to the Government
that they be recognised as national minorities and, as such, be eligible to
benefit from specific protection measures. It considers that the Slovene
authorities ought to take into account the specific situation of these persons
and be more receptive to their request. While acknowledging that sectorial
dialogue has been opened, the Advisory Committee finds it particularly
regrettable that no dialogue has been opened by the competent authorities on this
particular issue with their representative associations.
36. The Advisory Committee also notes the
long-standing presence in Slovenia of German-speaking persons, having
identified themselves as German or Austrian in the last population census, who
also remain outside the scope of application of the Framework Convention. This
is also the case for a small group of people identifying themselves as Sinti,
who expressly indicated that they wished to be treated by the authorities as a
distinct ethnic group.
37. The
authorities state that persons belonging to the aforementioned groups have
access, in their attempts to preserve and develop their culture and identity,
to project-based funding from the Ministry of Culture. They also point to
Article 61 of the Constitution, which deals with the expression of
national/ethnic affiliation, as
the constitutional basis for the protection of such persons. It is true that
this article guarantees everyone the right to express freely his or her
affiliation with an ethnic group or community, and to foster and develop his or
her culture and language. However, the Advisory Committee notes that this is a
constitutional provision which remains very general in scope, and may prove
insufficient when it comes to eligibility for specific protection measures
aimed at maintaining and developing an identity, unless specific legislation is
adopted to implement it in practice.
38. In view of the situation outlined in the
preceding paragraphs, the Advisory Committee has serious doubts regarding the
relevance and justification, for the purpose of the application of the
Framework Convention, of the distinctions made in
39. Like
other national and international bodies that have looked into the matter[4],
the Advisory Committee is of the opinion that the Slovene authorities should
open a dialogue with those persons who have shown an interest in the protection
of the Framework Convention and that they should adopt a more inclusive
approach in order to better respond to the established reality on the ground,
reflected inter alia in the results
of the last population census. The Advisory Committee considers, in particular,
that it would be possible to examine, in consultation with those concerned, the
possibility of including persons belonging to other groups, including
non-citizens where appropriate, in the personal scope of application of the
Framework Convention.
Recommendations
40. The
authorities are urged to open a dialogue regarding their approach, as stated in
the declaration deposited when they ratified the Framework Convention, and to
discuss, in this connection, the possibility of including other persons,
including non-citizens where appropriate, in the scope of the relevant articles
of the Framework Convention (see also comments below in relation to Articles 4,
5, 6 and 9).
41. At the same time, the authorities are
urged to review their position as to the advisability of retaining the
“autochthonous” criterion in connection with the application of the Framework
Convention, in particular to the Roma, in order to avoid unjustified exclusions
and differential treatment.
Present situation
a) Positive developments
42. The Advisory Committee
notes that a general population census was held in
b) Outstanding
issues
43. At the same time, the Advisory Committee notes
that the results of the last population census show a considerable reduction in
the numbers of Hungarians and Italians. It notes, in particular, that the number of persons who identify
themselves as Hungarians has diminished from 8,000 in 1991 to 6,243 in 2002 and
that the number of persons who identify themselves as Italians has diminished
from 2,959 in 1991 to 2,258 in 2002.
44. The Advisory Committee notes in this context
that the authorities do not possess sufficient information on the situation of
persons belonging to the various groups, in particular the Roma and the non-Slovenes from former Yugoslavia (SFRY), in various
relevant sectors, such as employment, health etc. In addition to the numerical
importance of different groups, reliable statistical data, differentiated by
age, gender and geographical distribution, are essential when it comes to
evaluating the situation of the persons concerned and adopting, where needed,
special measures aimed at ensuring their full and effective equality.
Recommendations
45. The Advisory Committee
encourages the authorities to open a dialogue on the results of the last
population census with the representatives of the communities concerned, in
order to better take into consideration these results and the tendencies shown
by the census when devising their policies of protection of national
minorities. They are in
addition encouraged to conduct and support further research and studies on the
possible reasons of these tendencies.
46. The authorities should
also pay increased attention to the collection of information regarding the
socio-economic situation of the persons belonging to various communities, in
particular the Roma and the non-Slovenes from former Yugoslavia (SFRY). In
co-operation with those concerned, they are encouraged to make use of
estimations based on ad hoc studies, special studies or any other
scientifically valid methods.
ARTICLE 4 OF THE FRAMEWORK CONVENTION
Legal and institutional protection from discrimination
Findings of the first cycle
47. In
its first Opinion on
a) Positive developments
48. The Advisory Committee notes that, in May 2004,
49. The
Advisory Committee also welcomes the work and particular commitment of the
Ombudsman in promoting the principles of equality and non-discrimination. The
efforts of the
b) Outstanding issues
50. Aside
from the information provided on the situation of Roma in various sectors and
the measures taken to address the problems faced by these persons, the State
Report does not supply information about the frequency of cases of
discrimination against persons belonging to minorities, the associated
investigations and the action taken. The Advisory Committee considers that the
limited number of complaints of discrimination submitted to the relevant public
institutions might also indicate that the victims of such acts are inadequately
informed, and that the persons concerned lack confidence in the ability of
those institutions to afford them protection and help them secure compensation.
Recommendations
51. Additional
monitoring measures are needed with a view to obtain more accurate information
on the effective implementation of the principle of non-discrimination in
respect of the persons belonging to national minorities and on any violations
of this principle. Increased efforts should also be made to better inform the
general public and public institutions about the principles of equality and non-discrimination
and the remedies available to the victims of discrimination.
52. The
authorities are encouraged to take all necessary measures to ensure the
effective implementation of the Act on Equal Treatment and the smooth operation
of the institutions established under that Act. In this context, it is
essential to ensure that the views of the persons belonging to the various
ethnic groups living in
53. At
the same time, the authorities should provide the Ombudsman with their full
support, and ensure that his recommendations generate the expected response
from the relevant public institutions.
Legal status of
persons deleted from the list of permanent residents
Findings of the first cycle
54. In its first Opinion on
Present situation
a) Positive developments
55. The
Advisory Committee notes that a number of positive developments have taken
place in this area. For instance, the
b) Outstanding issues
56. The
Advisory Committee notes with concern that, despite the relevant Constitutional
Court decisions, several thousand persons whose names were deleted from the
registers of permanent residents on 26 February 1992, and automatically
transferred to the registers of foreigners, are still, more than ten years on,
awaiting clarification of their legal status. This concerns citizens of other
former Yugoslav republics, including a number of Roma, who were legally
resident in Slovenia and, for various reasons, did not wish – or were unable –
to obtain Slovene citizenship within the short time-limit allowed by the
authorities after the country’s independence.
57. In many cases, the lack
of citizenship or of a residence permit has had a particularly negative impact
on these persons’ situation. It has,
in particular, paved the way for violations of their economic and social
rights, with some of them having lost their homes, employment or retirement
pension entitlements, and has seriously hindered the exercise of their rights
to family life and freedom of movement[8].
58. The Advisory Committee
notes that more recent government initiatives have sought, in accordance with
the relevant decisions of the
59. The
Advisory Committee notes that the authorities are in the process of drafting,
at the governmental level, a new normative text expected to provide solutions
to the problems mentioned above. Insofar as this new initiative is not yet in
the public domain, it is difficult to ascertain, at this stage, whether the
measures envisaged – legislative or other – will be likely to resolve the
situation in a comprehensive manner once and for all.
Recommendations
60. Without further delay, the authorities should find solutions to
the problems faced by non-Slovenes from former Yugoslavia (SFRY) who have been
deleted from the register of permanent residents, in connection with the regularisation
of their legal status, including access to citizenship and social and economic
rights.
61. At
the same time, they should assist these persons in their efforts to overcome
the difficulties arising from this situation, and facilitate their effective
participation and integration in the Slovene society by means of targeted
measures.
Implementation of the principles of equal treatment and
non-discrimination in respect of the Roma
Findings of the first cycle
62. In
its first Opinion on Slovenia, the Advisory Committee found that there were
considerable socio-economic differences between most of the Roma and the rest of the population, and urged
the authorities to adopt more decisive measures to remedy the situation. In
view of the persistence of discriminatory practices towards the Roma in most
fields, the authorities were urged to combat this problem by every possible
means.
Present situation
a) Positive developments
63. The Advisory Committee welcomes the efforts
made by the authorities in many areas with a view to improving the living
conditions of the Roma[9].
Specific education and employment projects developed and financed by the
relevant ministries, in some cases with international support, have
supplemented the national programmes adopted in 1995[10]
and 2000[11] with a view to gradually
eliminating the disparity between the socio-economic situation of Roma and that
of the rest of the population. The Advisory Committee also notes the
development – currently in progress – of new health and social security
measures that are more geared to the specific situation of the Roma, and, more
generally, the existence of a genuine political commitment to helping the Roma
emerge from the precarious situation in which they continue to find themselves.
More attention is now being paid to involving the Roma in the development and
implementation of such measures.
64. At
the local level, some municipalities have made provision in their local
development plans and strategies for various forms of support for this population.
In this connection, the Advisory Committee notes the financial assistance
granted in recent years to the municipalities concerned with a view to
improving the housing conditions of the Roma. Furthermore, according to the
State Report, the legislation on spatial planning now establishes a legal basis
for finding ways of legalising illegal Roma settlements.
65. The
Advisory Committee is pleased to find that the authorities’ efforts, with
active involvement of the Roma, are gradually yielding results in this area.
The impact of their action is particularly clear in some cases, as the
Committee observed in the region of Prekmurje, where Roma are in a more
favourable socio-economic situation and well integrated.
b) Outstanding issues
66. The Advisory Committee notes that,
although improvements in the situation of the Roma have been reported in some
regions, this does not apply to the whole Roma population or to all of the
localities where Roma communities have settled. In some cases, as in the
Dolenjska region, Roma continue to face problems in a range of fields, particularly when it comes to housing conditions,
employment, health and education. These differences between Roma residing in
different localities appear to result from numerous factors, including the
political commitment of local authorities, regional economic development and
the involvement and efficacy of Roma councillors and organisations.
67. The
Roma continue to face a particularly difficult situation in respect of housing.
Many Roma live on sites isolated from the rest of the population, and their
living conditions are generally below minimum standards, owing to a lack of
adequate infrastructure - electricity, running water, access to transport, etc.
The Advisory Committee notes that these problems are often accentuated by the
reluctance of certain local authorities, in the face of the prejudices of the
non-Roma population, to make more efforts to assist the Roma and to use local
resources for this purpose. On the other hand, it notes cases where struggling
Roma families have been evicted and subsequently rehoused in settlements that
are separated from the rest of the population and lack adequate facilities (see
also comments under Article 6 below).
68. In addition, the problem of settlements having become illegal
after 1991 is still ongoing. The new legal framework applicable to this
situation and the assistance measures announced by the Government are very
recent, and are only just beginning to be implemented.
69. In the education sector, it is reported
that some Roma children continue to attend separate classes, and that the
practice of unjustified placement of Roma children in “special” schools (for
children with special needs) has not been completely eliminated (see also
comments under Article 12 below).
70. In the employment sector, various estimates,
including those of the Government, indicate a particularly high rate of
unemployment among the Roma (exceeding 80%, according to some sources). The
reasons given for this situation include inadequate levels of education and
qualifications and the persistent prejudice against such persons in the labour
market. According to government sources, temporary work is prevalent and
regular employment is rare among the Roma. The same sources indicate that most
Roma live off income derived from social welfare, child benefits and other
forms of state support, which often leads to tensions between them and the
non-Roma population at the local level.
71. In addition to the problems highlighted
in the preceding paragraphs, the Advisory Committee finds the distinction
between “autochthonous” Roma and “non-autochthonous” Roma – which some
authorities continue to make – problematic, and considers that, where applied,
this approach leads to discriminatory practices. It notes that, although
“non-autochthonous” Roma often face the same problems, they are not
systematically covered by the measures provided for in government programmes to
improve the socio-economic situation of the Roma community or to combat poverty
and social exclusion (see also comments under paragraphs 30, 31, 41 above).
72. The most vulnerable Roma in Slovenia are
undoubtedly those whose legal status has still not been regularised. The
Advisory Committee notes with concern that, as yet, the authorities have not
been able to come up with a proper solution to the problems faced, in
attempting to obtain Slovene citizenship or a residence permit, by some of
those Roma who were legally resident in Slovenia in 1991. The Advisory
Committee also notes the problems faced for a number of years by Roma from
Kosovo, who have stayed in Slovenia but have lost their temporary refugee
status. Without identity papers, these people face numerous problems in various
areas, particularly when it comes to access to health care, housing and social
welfare, as well as education.
Recommendations
73. The authorities should continue, and step
up, the initiatives and programmes designed to improve the situation of the
Roma, particularly in the areas of housing, employment and education, and
allocate adequate resources to them. In this connection, it is particularly
important to ensure that the measures in question are geared to the needs of
the Roma, by actively involving the latter in the various stages of development,
implementation and evaluation of such measures.
74. In planning and developing assistance
measures, the authorities are strongly encouraged to adopt an inclusive
approach and to avoid making distinctions among the Roma that are likely to
result in the exclusion, in a discriminatory manner, of certain persons from
the scope of such measures. Urgent consideration should be given to the
specific situation of Roma awaiting regularisation of their legal status.
ARTICLE 5 OF THE FRAMEWORK CONVENTION
Preservation of the culture and identity of Hungarians and Italians
Findings of the first cycle
75. In
its first Opinion on
Present situation
a) Positive developments
76. The
Advisory Committee is pleased to find that, due to the well-developed legal
framework and the various institutional, administrative and financial
arrangements put in place for their benefit, the Hungarians and Italians
continue to enjoy considerable protection in those areas contributing to the
preservation and development of their culture and identity.
b) Outstanding issues
77. Despite
the generally favourable conditions mentioned above, representatives of the
Hungarian and Italian minorities have found, for some years, the level of
public resources allocated to the activities of national minorities inadequate.
They have also conveyed to the Advisory Committee their concern that the
State’s willingness to support the two national communities in their efforts to
preserve their identity appears to be diminishing, in particular when new
legislative provisions touching on related issues are debated or passed.
78. For
example, the Hungarians fear a decrease in their involvement in the administration
of cultural institutions. They
also point out that they still do not have a museum devoted to the Hungarian
community or a library of the community in its area of compact residency.
79. The Advisory Committee notes in this context
that, for Hungarians and Italians, the exercise of their linguistic rights is
of particular value for the maintenance and development of their identity. This
is particularly the case in view of the falling trend in their numbers revealed
by the last population census, together with recent socio-economic developments
and the population movements that may yet ensue from them. According to
Hungarians and Italians, worrying shortcomings subsist in practice, although
the Hungarian and Italian languages are recognized as official languages in the
“ethnically mixed areas” under Article 11 of the Constitution (see also
comments under Article 10 below).
Recommendations
80. In their decisions on legislative and
other changes needed in response to social, political, economic and cultural
developments in the country, the authorities are encouraged to be more
receptive towards the Hungarians’ and Italians’ legitimate aspirations to
preserve and affirm their identity. In order to respond properly to these
aspirations, more resolute efforts are needed to ensure that the State policy
in this area is effectively implemented. In this context, increased attention
should be paid to matching the financial resources allocated to the cultural
activities of both communities to the actual needs identified.
State support for the preservation and affirmation of Roma identity
Findings of the first cycle
81. In
its first Opinion on Slovenia, the authorities were encouraged to take further legal
and practical measures to ensure that the Roma have access to similar assistance, particularly at the local
level, as that granted to the Hungarian and Italian minorities for cultural
development and preservation of their identity.
82. The
Advisory Committee also found that the status and specific rights of the Roma
community were still not completely regulated by Slovene legislation, and urged
the authorities to remedy the situation.
Present situation
a) Positive developments
83. The Advisory Committee notes that, for a number
of years, the authorities have been paying more attention to the affirmation
and promotion of Roma culture and values, and that specific initiatives have
been launched for this purpose in the research, education and media fields (see
comments in relation to Articles 9, 12 and 14). The co-operation developed with
the Union of Roma of Slovenia, and the assistance granted for the activities it
runs under the auspices of the Roma cultural centre in Murska Sobota, are to be
welcomed. The Advisory Committee expresses the hope that this experience can be
repeated in other areas of Roma settlement in
84. The
Advisory Committee notes that, in order to run activities enabling them to
preserve and develop their culture and identity, Roma in
b) Outstanding issues
85. Despite
a number of positive developments, the preservation and affirmation of Roma
culture and identity continue to be hampered by numerous difficulties in
86. In
the case of public funds earmarked to support their cultural activities, Roma
representatives find the current procedures, based on project proposals,
inappropriate and inefficient. In their view, the available resources should be
guaranteed by law and provided by the State as part of the specific funding
allocated to the municipalities concerned, as is the case for the Hungarian and
Italian minorities.
87. On
the legal front, although there are scattered legislative provisions covering
all the relevant sectors[12],
a more coherent, overall approach to the status and specific rights of the Roma,
set out in an Act dealing specifically with this community, as provided for
under Article 65 of the Constitution, is still awaited. Nevertheless, some
government authorities consider that these provisions, applied appropriately,
constitute a sufficient legal basis for improving the socio-economic situation
and integration of the Roma within Slovene society.
88. The Advisory Committee notes that,
although an official consensus has not yet been reached on the matter, a
growing number of the relevant government bodies seem to favour the drafting of
such a bill. It also notes that the Roma expect a great deal from the passing
of such an Act. In view of these trends, and bearing in mind the problems the Roma
continue to face in various sectors, the Advisory Committee considers that it
would be desirable to take stock of the situation and decide without further
delay the approach to be adopted in this area.
Recommendations
89. The
authorities are invited to continue, and step up, their measures to support
activities aimed at developing Roma culture and identity, ensuring better
co-ordination between central and local arrangements. In order to make such
measures more effective and to ensure that the funds allocated better match the
needs, the authorities are encouraged to identify, in consultation with those
concerned, the most appropriate procedures for access to those funds.
90. The authorities are strongly encouraged
to hold a debate on the desirability and possible content of a general Act on
the status and specific measures for the protection of the Roma. Particular
attention should be given to involving the various Roma organisations in this
process.
ARTICLE 6 OF THE FRAMEWORK CONVENTION
Findings of the first cycle
91. In its first Opinion on
Present situation
a) Positive developments
92. The
Advisory Committee notes that inter-ethnic relations are generally
characterised by a spirit of respect and mutual understanding, particularly as
far as the two officially recognised national minorities, the Hungarians and
Italians, are concerned. For example,
participation by the majority population in bilingual education in the
“ethnically mixed areas” reflects this favourable social climate.
93. The
activities organised by the authorities, the Ombudsman and non-governmental
organisations to raise public awareness of diversity and intercultural dialogue
are to be welcomed. In this connection, the Advisory Committee notes the many
pronouncements made by the Ombudsman and his appeals to public institutions and
members of Slovene political circles to make a more decisive contribution to
fostering tolerance and mutual respect.
94. The
Advisory Committee also notes that training and awareness-raising activities on
human rights and tolerance are run as part of the police training programme, as
well as for serving police officers.
95. The Advisory Committee is pleased to note
the concern among some media to reflect the diversity of Slovene society in
their programmes and to raise public awareness in this respect. It finds it
particularly positive that media outlets headed by teams of young people, some
of which have emerged from projects started in universities, demonstrate such
openness. For example, these media outlets have given the various ethnic groups
resident in
b) Outstanding issues
96. Negative
stereotypes persist in
97. As far as the Roma are concerned, attitudes and
displays of rejection and intolerance towards them by the majority population, notably
at the local level, continue to be reported. These manifestations are
particularly disturbing where they concern children and take place in an
educational setting. As well as isolating Roma children at school and having an
adverse impact on their schooling, such displays have a negative effect on
dialogue between children belonging to different ethnic groups and the
development of their attitudes to multiculturalism, mutual respect and
tolerance (see also comments under Articles 4 and 12).
98. The Advisory Committee is also aware that a solution has still not been
found for the opening of a mosque and
cultural and religious centre in
99. The Advisory Committee
notes that, in recent years, the Ombudsman has reported a trend towards a
deterioration in the climate of tolerance and understanding that generally
characterises Slovene society. In his view, the authorities bear their share of
responsibility, as they have not acted decisively enough to preserve and
reinforce this climate. The Advisory Committee notes with concern that, in some
cases, such manifestations of intolerance towards persons belonging to more
vulnerable groups come from members of high-level public authorities likely to
have a considerable influence on social perceptions of cultural diversity and
inter-ethnic dialogue.
100. In
the case of the media, the Advisory Committee notes that some of them continue
to carry damaging messages about certain groups. Rather than describing the
presence of minorities or foreigners in
101. The Advisory Committee
notes that, although such cases remain very isolated, there are still
allegations of misconduct by the police towards persons belong to certain
groups, in particular the Roma. The authorities did not provide
information about the possible existence of ethnically or racially motivated crimes and offences, the
number of complaints of such crimes, measures taken to prevent them, the
investigations opened and the sanctions applied. Nor does the State Report contain
information about relations between the police and persons belonging to
minorities, or about any reported shortcomings in police work in this respect.
The Advisory Committee fully endorses the appeals made to the authorities that
they monitor the situation in this area more effectively and transparently. At
the same time, it considers it essential for the authorities to ensure that the
independence of the mechanisms and bodies responsible for monitoring police
work, and the investigation of complaints of human rights violations by police
officers, is guaranteed.
Recommendations
102. The authorities should make further efforts
to combat the subsisting manifestations of intolerance, racism and xenophobia that
subsist within society. In particular, they should step up activities aimed at
raising awareness of human rights and tolerance, including within the public
administration and in political circles.
103. The media should be encouraged, without
prejudice to their editorial independence, to pay more attention to the
country’s cultural and ethnic richness and diversity, and to contribute through
their programmes to a more cohesive Slovene society. Increased support should
be provided to media monitoring bodies in their activities as well as to the
training of journalists and awareness-raising initiatives.
104. The relevant authorities
are encouraged to pay increased attention to the concerns of the Muslim
community and, in consultation with those concerned, to attempt to find a
solution enabling the latter to exercise their right to practise their religion
and to express their religious and cultural identity in appropriate conditions.
Findings of the first cycle
105. In
its first Opinion on
Present situation
a) Positive developments
106. The
authorities state that, on the legal front, persons from other parts of former
Yugoslavia (SFRY) are guaranteed the right to preservation and affirmation of
their cultural and ethnic identity under Article 61 of the Constitution as well
as under various provisions contained in legislation relating to specific
sectors. They mention in this regard Articles 8 and 10 of the Primary Education
Act, concerning the opportunities available to such persons to learn their
mother tongue and to improve their mastery of Slovene. The authorities also state that the bilateral co-operation agreement
signed by Slovenia and Austria in 2001 in the fields of culture, education and
science gives Slovenia’s German-speaking persons an additional legal framework
for preserving and strengthening their linguistic and cultural identity.
107. It
should be noted that, through their associations, these persons have access to
grants from the Ministry of Culture for cultural projects. In this connection,
government sources emphasise that there will be an increase in the funds
allocated to such projects and that the Ministry of Culture makes a constant
effort to ensure that the various communities are subject to the same
conditions governing access to, and participation in, cultural life.
108. Additional
efforts have also been devoted, in recent years, to teaching of the mother tongues
of non-Slovenes from former Yugoslavia (SFRY). Teaching of the Macedonian
language was introduced in 2003-2004, while the Serbian and Croatian languages
had already been taught for several years. In addition, efforts are currently
made to develop pedagogical material needed for the teaching of Macedonian,
Albanian and Bosniac languages. Developments are also reported as regards the
possibility of receiving instruction in these languages, in selected subjects.
The Advisory Committee notes that this possibility has already been offered in some
primary schools in respect of the Croatian language, and that efforts are under
way to extend it to Serbian. It is true, however, that the number of pupils
receiving such instruction remains low.
109. In
the field of media, the Advisory Committee is pleased to note the existence in
b) Outstanding issues
110. Representatives
of these groups generally report a deterioration in their situation following
111. The Advisory Committee notes that, according to
the information supplied by representatives of the German-speaking population,
although German is taught as a foreign language on a fairly large scale in the
country, it is not taught in those areas in which this population has settled.
Recommendations
112. The
authorities are encouraged to examine the current situation, in co-operation
with the representatives of non-Slovenes from former Yugoslavia (SFRY) and of
the German-speaking population, in order to assess more accurately their needs
relating to the preservation and development of their cultural identity.
Additional efforts should be made to support their cultural activities, their
access to and presence in the media and to support their languages in
education.
ARTICLE 9 OF THE FRAMEWORK CONVENTION
Access to media by Hungarians and Italians
Findings of the first cycle
113. In
its first Opinion on
Present situation
a) Positive developments
114. The
Advisory Committee notes that the public radio and television service continues
to broadcast radio and television programmes for the Hungarian and Italian
minorities, in Hungarian and Italian respectively. These programmes, partly
financed by the State, are produced and broadcast by regional public radio and
television centres, and reach, in accordance with the law, at least 90% of the
“ethnically mixed areas”. Both communities also receive financial assistance
from the State for the publication of a number of print media, including daily
newspapers and periodicals, in Hungarian and Italian. The Advisory Committee
notes with interest that some of the Italian-language publications receiving a
financial contribution from the
115. The
Advisory Committee is pleased to note the increased duration of television
programming broadcast in Hungarian, and welcomes the setting up, in Lendava, of
a public radio and television studio for the Hungarian minority. It expresses
the hope that, by making full use of the transmission capacities of this new
facility, the Hungarian community’s needs in the audio-visual sector can be met
more fully, in accordance with the requirements laid down by Slovene law in
this area.
b) Outstanding issues
116. The Advisory Committee has taken note of the
Hungarian and Italian minorities’ concerns with respect to a number of worrying
tendencies – regarding their access to, and presence in, the media. It appears,
in particular, that the comments and criticisms made by their representatives
in relation to a new bill on public audio-visual services, under discussion in
early 2005, did not meet the attention needed from the authorities (see also comments
under Article 15 below).
117. In
essence, the Hungarians and Italians fear a reduction in the opportunities
currently available to them in the audio-visual sector, particularly as regards
the financial independence they wish to enjoy in this area.
118. In
this connection, the Advisory Committee also notes the fears articulated by the
Italians in recent years, regarding the prospect of a reduction in the amount
of Italian-language programming produced and broadcast by regional channels;
such a possibility appears to be under consideration by the authorities in the
wake of the financial crisis faced by RTV Slovenia. As to the Hungarians, they consider that,
despite the launching of the radio and television studio in Lendava, their
situation as regards broadcasting time and resources, equipment and staff, does
not correspond to their needs.
Recommendation
119. The
Advisory Committee expresses the hope that the concerns and expectations of the
Hungarian and Italian minorities regarding their access to, and presence in,
the media will be heard during the forthcoming legislative procedure, and that
the text of the new bill on public audio-visual services will make it possible
to respond to their needs appropriately.
Access to, and presence in the media of the Roma
Findings of the first cycle
120. In
its first Opinion on
Present situation
a) Positive developments
121. The
Advisory Committee finds that there have been a number of positive developments
in respect of access to the media by the Roma. Although a great deal still
remains to be done in this regard, it notes the efforts made, in the public
media, to raise awareness of Roma culture and traditions. The Advisory
Committee also recalls that two private radio stations, in Murska Sobota and
Novo Mesto, regularly broadcast programmes on Roma, partly in the Roma
language, and is pleased to note that they continue to receive financial
assistance from the State. At the same time, it notes that, whereas a cable TV
studio in Murska Sobota has been broadcasting programmes aimed at Roma since
2002, in 2004 a Roma-language programme was also being made for the Dolenjska
region. In the print media, the Union of Roma of Slovenia continues to publish
a Roma newspaper four times a year.
b) Outstanding issues
122. Despite
a number of positive developments, the Advisory Committee finds that the
efforts of the public media in respect of the Roma remain limited, given the
latter’s needs in terms of preserving and affirming the specific values of Roma
culture and identity and raising awareness of those values among the majority
population.
123. While
welcoming private initiatives giving Roma space to express themselves in the
media, the Advisory Committee considers that programmes on Roma by the public
media might have an additional impact on the rest of the population, and help
to improve the image of Roma within Slovene society (see also comments under
Article 6 above). More generally, the Advisory Committee considers it
essential, in order to ensure that the media adequately reflects the lives and
concerns of the Roma, that the latter participate directly in producing and
broadcasting the programmes for them and about them.
Recommendation
124. The
authorities are encouraged to continue, and step up, their efforts to promote
the presence of Roma in the media, inter alia by assisting them to set
up private media outlets. At the same time, more effective ways should be found
to raise media awareness of Roma concerns and of the need to help improve the
image of the Roma among the rest of the population.
Language legislation and the media
Outstanding issues
125. As
regards the language used in the media, the Advisory Committee notes, as
indicated above, that Article 61 of the Slovene Constitution guarantees all
individuals the right to express freely their affiliation with a nation or
ethnic community, to develop and express their culture and to use their
language and alphabet. At the same time, it notes that the recent Act on Public
Use of the Slovene Language[13]
states that Slovene is the language to be used in the media, press conferences
and written statements submitted to the media, and in web pages financed from public
funds.
126. It
is noted that Article 3 of the aforementioned Act (like specific provisions of
Slovene legislation relating to the media) guarantees the use of the languages
of the Hungarian and Italian national communities in the media, and also allows,
under certain conditions, the use of foreign languages by foreigners. However,
the Advisory Committee notes with concern that the law in question does not
contain such guarantees for other Slovene citizens, other than Hungarians and
Italians, who do not have Slovene as their mother tongue. The Advisory
Committee therefore finds the provisions of the aforementioned Act problematic
as regards the freedom of these persons to receive and circulate information
and ideas in the minority language.
Recommendation
127. Regarding
the 2004 Act on Public Use of the Slovene Language, the authorities should
ensure that there are no legal obstacles hindering the use of mother tongue in
the media by the Roma and others who might be affected. Amendments to the law
should be introduced to ensure its full compliance with the relevant provisions
of the Framework Convention.
ARTICLE 10 OF THE FRAMEWORK CONVENTION
Use of minority languages in dealings with the administrative
authorities
Findings of the first
cycle
128. In
its first Opinion on
Present situation
a) Positive developments
129. The Advisory Committee notes that, under
Articles 11 and 64 of the Constitution, the Hungarian and Italian languages
have the status of official languages, alongside Slovene, in those
municipalities where the Hungarian and Italian minorities respectively reside.
Slovene legislation allows the use of these languages, without any numerical
condition, but only in the “ethnically mixed areas”, in both oral and written
dealings with the administrative authorities, in administrative, civil and
criminal procedures as well as in the conduct of their business and the
documentation issued by the various institutions concerned.
b) Outstanding issues
130. According to the representatives of the two
communities, shortcomings remain with regard to the use of Hungarian and
Italian languages in the public sphere, notwithstanding the fact that these
languages are recognised as official languages in the “ethnically mixed areas”.
The Hungarians, in particular, highlight the limited use of their language, in
the geographical areas concerned, within public institutions, such as health
care services, the post office or the police, due mainly to the low level of
command of Hungarian by the public officials concerned. Their concern over this situation is reinforced by the fact that
it seems to lead to a decrease in the interest among the young generation in
studying this language (see also comments under article 5 above).
131. The Advisory Committee notes that difficulties
have been reported by persons belonging to the Italian community who have
requested the use of the Italian language, by local government representatives,
in the context of marriage ceremonies. Although such requests are isolated, the
Advisory Committee considers that, insofar as the law allows both the use of the
minority language and bilingual ceremonies, the authorities should ensure that
all those who request it are able to make use of such a possibility, where legal
conditions are fulfilled.
132. With
regard to the Italian minority, the Advisory Committee wishes to draw attention
to the particular situation of persons who, while residing within the
boundaries of the municipalities concerned, find themselves outside the
“ethnically mixed areas” established by the municipal statutes, to which the
exercise of the linguistic rights provided for by Slovene legislation for
Italians is restricted.
133. Given
that this situation is the result of social, demographic and historical
developments having led to a demographic situation other than the one that
existed at the time these areas were defined, the Advisory Committee considers
that such persons should not be excluded from enjoying rights to which other
members of their community residing in the same municipality have access. The
Advisory Committee considers that the authorities could remedy this situation
by encouraging a more inclusive application of the legislation in question[14].
134. The
Advisory Committee notes that, in
Recommendations
135. The
authorities should examine the shortcomings reported as to the implementation
of the legislation pertaining to the use of the Hungarian and Italian languages
in the public sphere, in co-operation with those concerned, and identify ways
and means to improve the situation in this regard.
136. The authorities are encouraged to take a more
inclusive, proactive approach to the application of the legislation on the
linguistic rights of persons belonging to national minorities, so as to make
those rights accessible, to the extent possible, to persons residing outside
the “ethnically mixed areas”.
137. The authorities should also ascertain the
needs of the Roma in this area and, if need be, consider ways of meeting them,
in accordance with Article 62 of the Slovene Constitution.
ARTICLE 12 OF THE FRAMEWORK CONVENTION
Intercultural dimension of education
Findings of the first cycle
138. In
its first Opinion on
Present situation
a) Positive developments
139. The Advisory Committee welcomes the
successful implementation of interculturalism in schools operating in the
“ethnically mixed areas”. It is pleased to find that the whole education system
– organisation, curricula, teaching material – has been adapted, in these
areas, so as to ensure equality of opportunity in access to education for
persons belonging to both communities, and to bring about the necessary
conditions for the preservation and affirmation of their linguistic identity.
It also notes the system’s flexibility, such that the minority language can
also be learned – at primary and secondary level – outside the “ethnically mixed
area”, should a sufficient nomber off pupils request it. The Advisory Committee
notes with satisfaction the low numerical criterion which is applied in this
context (5 pupils).
140. The
Advisory Committee wishes to emphasise that, as well as serving to enhance
dialogue and understanding among children belonging to different communities
during their schooling, the educational systems put in place in the “ethnically
mixed areas” inhabited by the Hungarian and Italian minorities also contribute
to better subsequent vocational and social integration.
b) Outstanding issues
141. The Advisory Committee notes that,
notwithstanding the efforts made in this area, shortcomings continue to be
reported in respect of the teaching material available. At the same time, the
problem of the excessive length of time taken to recognise qualifications
obtained in
Recommendations
142. The Advisory Committee urges the
authorities to step up their efforts, including financially, to make the
necessary teaching material for the education of persons belonging to the
Hungarian and Italian minorities available to the schools concerned.
143. At the same time, the authorities should
take appropriate measures in order to eliminate the reported difficulties when
it comes to recognizing qualifications obtained in
Equality of opportunity in access to education. Situation of the Roma.
Findings of the first cycle
144. In
its first Opinion on
145. The
authorities were urged to continue the initiatives that had already been
launched with a view to stopping the isolation of these children within the
education system, and to develop other measures likely to improve their
educational situation.
Present situation
a)
Positive
developments
146. The
Advisory Committee notes that new measures have been taken by the authorities
with a view to improving the educational situation of Roma children. It notes,
for instance, that particular attention has been paid in recent years to
researching and developing suitable education and training models for Roma
children and their families, as part of a government-funded project. A new
Strategy for the Education of Roma was also adopted in June 2004, with the aim
of securing equality of opportunity in access to education and integrating them
more fully into the education system. The Advisory Committee welcomes the fact
that, according to the information provided by the Ministry of Education, the
distinction based on the “autochthonous” criterion is not taken into account in
the allocation of the relevant funds.
147. The
following are the most notable measures included in the above-mentioned
strategy: the enrolment of Roma children in pre-school education for at least 2
years prior to primary school, in order to help them learn the Slovene language
as well as their mother tongue; the introduction of Roma teaching assistants;
the introduction of the Roma language as an optional subject in primary
schools; and the inclusion of information about Roma culture, history and
identity in the curriculum. Provision is also made for specific measures with a
view to raising the level of education and qualifications among Roma adults and
better preparing them for the labour market.
148. The
Advisory Committee welcomes the efforts made by
149. The
Advisory Committee also notes the efforts made by the authorities to
discontinue the isolation of Roma pupils in regular schools. Whereas, until the
2002/2003 school year, the regulatory framework in force laid down special
rules for the establishment of Roma classes, since the 2003/2004 school year the
new regulations no longer provide for the creation of classes made up
exclusively of Roma children. In this connection, the Advisory Committee notes
that such classes are now, reportedly, very rare.
b) Outstanding
issues
150. The
educational situation of the Roma continues to represent a challenge for the
authorities. The integration of the Roma into the school system raises issues
starting at the pre-school level, where, despite improvements, the number of
Roma children is still low. In difficulty right from this early stage, inter
alia as a result of their poor command of the Slovene language, many Roma
children have difficulties to cope with the demands of primary school, which is
where their schooling generally ends. Unfortunately, notwithstanding the
measures taken by the authorities and certain positive trends, the number of
Roma children pursuing secondary studies remains very low.
151. The
authorities acknowledge that significant issues still need to be resolved,
failing which it will be impossible to bring about a genuine improvement in
this area. These issues include, in
particular, the prevention of and combating ongoing prejudice towards the
Roma among the rest of the population, recruitment of Roma teaching staff and
resolving of existing problems connected with the Roma language[18].
152. Despite
the measures mentioned in paragraphs 148 and 149, it is too early at this stage
for the Advisory Committee to assess the impact of the authorities’ efforts to
stop the practice of isolating Roma children in the education system. The
Advisory Committee is still concerned about this situation, and regrets that
the information provided on this subject by the authorities was limited.
153. The
Advisory Committee understands that, although the creation of classes made up
solely of Roma pupils is no longer allowed under the new regulatory framework,
smaller study groups can still be set up on a temporary basis to receive
additional instruction outside the normal timetable. According to some sources,
the instruction offered in such study groups is nonetheless at a lower level
than that offered in ordinary classes, and therefore potentially penalises the
pupils concerned.
154. The
Advisory Committee is particularly concerned, given that various sources report
recent measures in the Novo Mesto region (Brsljin primary school) resulting in
Roma children being taught in separate classes or study groups. The Advisory
Committee regrets that it was not possible to obtain more specific information
from the Government concerning the reasons behind such measures, and the
efforts made to avoid resorting to them. Nevertheless, it understands from
non-governmental sources that reasons relating to differences among the pupils
concerned - in terms of academic ability and performance - were invoked by the
local authorities in question.
155. At the same time, the Advisory Committee finds
it regrettable that a significant proportion of children from those Roma
families whose legal status has still not been regularised continue to remain
outside the school system. It finds this situation unacceptable, and considers
that the authorities should take immediate action to ensure that the children
concerned have access to education.
Recommendations
156. Without
further delay, the authorities should adopt an approach entailing clearer, more
decisive measures to combat the unjustified isolation of Roma children in the
education system, and monitor the situation at all levels to ensure that such
isolation practices are not repeated.
157. The
authorities should continue, and step up, their specific measures to assist
Roma children, such as recruiting teaching staff among Roma, developing Roma
teaching assistant posts, raising teacher awareness of the specific problems of
Roma children and involving parents more effectively. More sustained efforts
are necessary with a view to promoting the Roma language, culture and
traditions, and giving other children a more positive image of Roma identity.
158. When
study groups or other forms of separate instruction are set up, the authorities
should ensure that the views of the parents and children concerned are
ascertained in advance, and that these measures are not based on an ethnic
criterion.
159. The
Advisory Committee calls on the authorities to take urgent action to address
the situation of children from those Roma families whose legal status has still
not been regularised, so as to ensure that these children have access to
schooling and to the necessary assistance to continue their education.
ARTICLE 14 OF THE FRAMEWORK CONVENTION
Learning of minority languages and instruction in those languages
Findings of the first cycle
160. In
its first Opinion on
Present situation
a) Positive developments
161. The Advisory Committee is pleased to note
that the Hungarian and Italian minorities in
162. As far as the Roma are concerned, efforts
have been made for some years to introduce the study of the Roma language as an
optional subject. To this end, the Ministry of Education is supporting a
Ljubljana University project aimed at standardising the Roma language in
Slovenia and incorporating Roma culture in education.
b) Outstanding
issues
163. Despite
the recent measures taken by the authorities to encourage the gradual
introduction of Roma language studies, this language is virtually absent from
the Slovene education system at this stage, either as an academic subject or as
a language of instruction. While acknowledging the difficulties arising from
the lack of standardisation and the existence in
Recommendation
164. The authorities should take more decisive
action to identify the needs in terms of learning of the Roma language and
instruction in that language, and speed up the measures designed to respond to
those needs, while involving Roma in this process.
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Participation by Hungarians and Italians in decision-making at central
level
Findings of the first cycle
165. In
its first Opinion on
Present situation
a) Positive developments
166. The Advisory Committee notes that the
Hungarian and Italian minorities enjoy direct representation within the
National Assembly, and have a right of “veto”[20]
over laws, regulations and other legislative texts pertaining to the special
rights secured to them under the Constitution. Likewise, a Commission for the
National Communities, presided over by MPs representing the Hungarian and
Italian minorities, has been formed within the National Assembly. In the
“ethnically mixed areas”, their participation in public affairs is ensured via
the self-governing national communities.
b) Outstanding
issues
167. Notwithstanding
their specific rights guaranteed by the Constitution, the Hungarians and
Italians consider that their voices are insufficiently heard in public affairs
and that, in recent years, the impact of their participation in the taking of
decisions concerning them, particularly at central level, has been diminishing.
Their representatives note that, during the legislative process, the “veto”
right guaranteed by the Constitution can be invoked only in relation to legal
acts that concern exclusively the rights and status of the national communities
protected under the Constitution. According
to them, new provisions likely to affect their specific rights are somewhat
fragmented and dispersed among various texts, and that, given
that their opinions are, in such cases, only of advisory character, their influence on the decision-making process remains limited.
Recommendations
168. The authorities are encouraged to identify,
in conjunction with representatives of the Hungarian and Italian minorities,
ways of enabling them to voice their expectations more effectively during the
drafting and adoption of legislative provisions concerning them, in line with
the relevant Constitutional provisions.
Participation by Roma in public affairs
Findings of the first cycle
169. In
its first Opinion on
Present situation
a) Positive developments
170. The
Advisory Committee notes that, in accordance with the amended Local
Self-Government Act and the associated case-law of the Constitutional Court,
Roma now have one Roma councillor on the councils of 19 municipalities out of
the 20 municipalities designated by the Constitutional Court in this context.
It also notes the active role played by the Union of Roma of Slovenia, an
organisation bringing together many of the country’s Roma associations, which
has now become the authorities’ main partner when it comes to addressing Roma
issues.
b) Outstanding issues
171. Many sources point out that the degree of
participation to which the Roma are entitled at central level is more limited
than that available to the Hungarian and Italian minorities. Indeed, although
within the executive there is a government commission for the protection of the
Roma, in which the latter are represented, no provision is made for
representation of the Roma community as such in the National Assembly.
172. The Advisory Committee also notes the
criticisms directed at the too limited consultation and dialogue that the
authorities pursue with Roma interlocutors other than the Union of Roma of
Slovenia. The Advisory Committee is of the opinion that, with a view to
obtaining a more comprehensive picture of the needs and expectations of the
Roma population, it is important that the authorities listen to the various
voices being expressed within this population, and extend the dialogue to other
Roma organisations wishing to present their viewpoints. At the same time, the
authorities should attempt to go beyond the distinction between those Roma who
are considered “autochthonous” and those who are not, and also include, in
their consultation, representatives of the latter, who are significantly
affected by the programmes put in place in the areas of social cohesion and
efforts to combat discrimination.
173. As regards participation by the Roma at
local level, the Advisory Committee notes that the Grosuplje municipality has
still not elected a Roma councillor to the local council. Although the election
of such Roma councillors by the municipalities concerned represents a positive
development, this process did not take place without difficulties, and the
reluctance shown by some local authorities has led to significant delays.
174. At the same time, the Advisory Committee is
still concerned about the ongoing legal uncertainty as to the meaning of the
concept of “autochthonous”, used in the Local Self-Government Act to determine
which Roma communities can be represented by a councillor on the municipal
council. Insofar as the distinction between “autochthonous” and
“non-autochthonous” has no basis in Article 65 of the Constitution, which deals
specifically with the protection of Roma, and has still not been legally
defined in Slovenia, its retention in the legislation can only lead to
confusion and delay the practical application of the legislation in question
(see also comments under Article 3 above).
175. In practice, further efforts are needed in
order to enable the Roma councillors to represent their communities more
effectively. At present, it appears that their impact on the situation of the
Roma remains fairly limited. It is to be hoped that the recent establishment of
a Union of Roma Councillors, designed to ensure better co-ordination of their
work, will enable them to be more effective.
176. In addition, the Advisory Committee is
concerned about the shortcomings found in terms of effective participation by
Roma in various areas of public life, and particularly about the exclusion and
marginalisation they still face in fields such as employment, education and
housing (see also comments under Articles 4 and 12 above).
Recommendations
177. The authorities should take all necessary measures, without prejudice to the principles of local self-government, to ensure that a Roma councillor can be elected to the Grosuplje local council. Further efforts are also needed, including training for the individuals concerned, to ensure that the Roma councillors can effectively voice the concerns of their communities within local authorities.
178. At
central level, the authorities are urged to consider, in consultation with Roma
representatives, ways of increasing participation by the Roma in the taking of
decisions concerning them.
179. The authorities are urged to co-ordinate
their action more fully and to ensure that, in their efforts to increase
effective participation by the Roma, they include without distinction those who
are considered “autochthonous” and those who are not, as well as those whose
legal status has still not been regularised.
ARTICLE 18 OF THE FRAMEWORK CONVENTION
Findings of the first cycle
180. In
its first Opinion on Slovenia, the Advisory Committee welcomed the bilateral
co-operation developed by Slovenia in the area of protection of national
minorities, and encouraged the authorities to continue their efforts in this
direction.
Positive developments
181. The
Advisory Committee notes that
Recommendation
182. The
Advisory Committee encourages the authorities to further develop bilateral
co-operation, including transfrontier co-operation, particularly with
neighbouring States, in areas of relevance for the implementation of the
Framework Convention.
183. The
Advisory Committee considers that the present concluding remarks could serve as
a basis for the conclusions and recommendations to be adopted by the Committee
of Ministers with respect to
184. The
progress made by
185. As
regards practice, the Advisory Committee notes the system providing high level of
protection that the Hungarians and Italians continue to enjoy, and the climate
of mutual understanding characterising relations between these minorities and
the majority.
186. In
recent years, Slovenia has developed a range of programmes and measures aimed
at improving the social and economic situation of the Roma, providing solutions
to the problems they face in the education field and, more generally, combating
their social exclusion and marginalisation. Further efforts have also been made
to step up their participation in public affairs, particularly at local level.
187. In
terms of tolerance and intercultural dialogue, the Advisory Committee welcomes
the inclusive, active approach adopted by public institutions such as the
Ombudsman and the
188. The
personal scope of application given to the Framework Convention by the Slovene
authorities remains limited. In particular, the exclusion of certain Roma and of
non-Slovenes from former Yugoslavia (SFRY) and the lack of dialogue in this
respect give grounds for concern. The situation of those non-Slovenes from
former Yugoslavia (SFRY) whose legal status has still not been resolved raises
substantial problems in terms of access to social and economic rights,
including educational rights, and effective participation.
189. There are still
shortcomings in the implementation of legislative provisions having a bearing
on the protection of minorities, together with shortcomings in the resources
allocated by the State in this area. As a result, difficulties have been
reported by the various groups in respect of the preservation and affirmation
of their identity and culture. As regards the Hungarians and Italians, there
are still problems in the implementation of the legislation relating to
protection of their linguistic rights in the “ethnically mixed areas”. Another
source of concern is the insufficient attention paid to the concerns expressed
by persons belonging to national minorities in decision-making affecting them.
190. Notwithstanding the
measures taken by the authorities, the situation of the Roma is still a cause
of concern. There remain substantial problems in the housing, employment and
education fields. Concerns about equality for Roma children in education
persist, since the practice of segregating these children in Slovene schools - ordinary
or “special” - has not yet been completely abolished.
191. There
are concerns about ongoing displays of a lack of understanding, and even
hostility, towards certain persons, such as non-Slovenes from former Yugoslavia
(SFRY) and the Roma, although these are isolated. It is regrettable that such
displays are also reported among certain public officials and politicians, as
well as in some media.
192. In
addition to the measures to be taken to implement the detailed recommendations
contained in chapters I and II of the Advisory Committee’s Opinion, the authorities
are invited to take the following measures to improve further the
implementation of the Framework Convention:
-
Undertake
wider consultation with representatives of the various ethnic groups and civil
society regarding the personal scope of application given to the Framework
Convention in
-
Find
without further delay solutions to the situation of persons from former
Yugoslavia (SFRY) whose legal status in
-
Take
enhanced measures to prevent and combat discrimination and social exclusion of
and among the Roma; make every effort, in consultation with those concerned, to
improve their situation in fields such as employment, housing and education.
-
Take
all necessary measures to eradicate completely the practice of segregating Roma
children in the school system and ensure that they enjoy equal opportunities in
access to quality education at all levels.
-
Increase
the assistance granted to cultural projects and other activities fostering the
preservation and affirmation of the cultural, linguistic and religious identity
of the Hungarians, the Italians and the Roma, ensuring that the relevant
legislation is applied in practice and that resources are commensurate with
needs.
-
Look
for ways to increase the level of State assistance granted to the Albanians,
Bosniacs, Croatians, Macedonians, Montenegrins, Serbs and to the
German-speaking persons in their efforts to develop their identity through
education, culture and the media.
-
Prevent and combat displays of intolerance and
xenophobia, including on the political scene, via every possible means; more
actively foster a sense of respect for diversity and multiculturalism among the
public, and encourage and support the media to play a more active role in this
regard.
-
Identify,
in conjunction with representatives of the minorities, ways to improve their
participation in the taking of decisions concerning them, at local and central
level.
[1]“Considering
that the Framework Convention for the Protection of National Minorities does
not contain a definition of the notion of national minorities and it is
therefore up to the individual Contracting Party to determine the groups which
it shall consider as national minorities, the Government of the Republic of
Slovenia, in accordance with the Constitution and internal legislation of the
Republic of Slovenia, declares that these are the autochthonous Italian and
Hungarian National Minorities. In accordance with the Constitution and internal
legislation of the
[2] According to non-governmental estimates,
such persons account for 10% of the total population. According to the results
of the population census held in 2002, the ethnic composition of the population
of
[3] A similar approach is adopted
in respect of those Roma not considered “autochthonous”, who are in general
persons having left other parts of former Yugoslavia (SFRY) to settle in
Slovenia more recently, particularly since 1991. It has to be said that a
considerable number of the latter continue to face problems in their efforts to
regularise their status, either as foreigners or by obtaining Slovene
citizenship.
[4] In this connection, see the report
by Mr Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to
Slovenia, 11-14 May 2003, CommDH(2003)11 and the Report of the Committee of
Experts of the Charter for Regional or Minority Languages on the Application of
the Charter in Slovenia, ECRML (2004) 3.
[5] Act on the Principle of Equal
Treatment, Official Gazette 2004, n° 50.
[6] See
[7] Act on Regularisation of the Status
of Citizens of Other Successor States to the Former Socialist Federative
Republic of Yugoslavia in Slovenia, Official Gazette n° 61/1999, n°54/2000 and
n° 64/2001; Act on the Application of Paragraph n° 8 of Constitutional Court
Decision n° U-I-246/02.
[8] See for further details the report by Mr Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to Slovenia, 11-14 May 2003, CommDH(2003)11.
[9] During the 2002 census, 3,246
persons identified themselves as Roma. However, various sources estimate that
the actual number of Roma living in
[10] Programme of Measures for Assisting
the Roma in the
[11] Programme on Equal Employment
Opportunities for Roma (2000).
[12] At present 9 Acts relating to
specific sectors contain special provisions concerning the protection of the
Roma.
[13] Act on Public Use of the Slovene
Language, of 15 July 2004, Official Gazette of the Republic of Slovenia,
n° 86/204
[14] See also the Report of the Committee of Experts of the Charter for Regional or Minority Languages on the Application of the Charter in Slovenia, ECRML (2004)3.
[15] Under Article 62 of the Constitution, everyone
has the right to use his language and script, in a manner provided by law, in
the exercise of his rights and duties and in procedures before state and other
bodies performing a public function.
[16] Comments of the Government of
Slovenia on the report by Mr Alvaro Gil-Robles, Commissioner for Human Rights,
on his visit to Slovenia, 11-14 May 2003, CommDH(2003)11.
[17] See in this respect the Report of the Committee of Experts of the Charter for Regional or Minority Languages on the Application of the Charter in Slovenia, ECRML (2004)3.
[18] In this connection, see the
comments of the Government of Slovenia on the report of Mr Alvaro Gil-Robles,
Commissioner for Human Rights, on his visit to Slovenia, 11-14 May 2003,
CommDH(2003)11.
[19] This system is
governed by the Act Regulating Special Rights of the Hungarian and Italian
National Communities in the Field of Education (Official Gazette of the
[20] In accordance with Article 64 of the Constitution, laws, regulations and other general acts that concern the exercise of the constitutionally provided rights and the position of the national communities exclusively, may not be adopted without the consent of representatives of these national communities.