COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
31 July - 25 August 2000
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
9 OF THE CONVENTION
of the Committee on the Elimination of Racial Discrimination
1. The Committee
considered the initial, second, third and fourth periodic reports of
Slovenia (CERD/C/352/Add.1) at its 1405th and 1406th meetings, on 2
and 3 August 2000 (CERD/C/SR.1405 and 1406) and at its 1416th meeting
(CERD/C/SR.1416), on 10 August 2000, adopted the following concluding
2. The Committee
welcomes the detailed report presented by the Government of Slovenia,
which follows the Committee's guidelines and contains relevant information
about the implementation of the provisions of the Convention in the
State party. The Committee particularly welcomes the opportunity to
be able to initiate a dialogue with the State party and appreciates
the detailed answers to questions raised and concerns expressed during
the consideration of the report.
B. Positive aspects
3. The Committee welcomes the efforts undertaken by the authorities
of the State party since its independence in 1991 to ensure the promotion
and protection of human rights. In particular, it notes the adoption
of the 1991 Constitution, which guarantees a wide range of human rights,
and the enactment of the Citizenship Act (1991), the Personal Data Protection
Act (1999), the Radio and Television Act (1994), the Law on Asylum (1997),
the Human Rights Ombudsman Act (1993/4), the Act on the Legal Status
of the Religious Communities (1991), the Political Parties Act (1994),
the Act on the Legal Status of Religious Communities (1991) and the
Redress of Wrongs Act (1996).
4. The establishment
of specific institutions dealing with human rights issues, such as the
Office of the Human Rights Ombudsman, the Office for Nationalities,
the Office for Immigration and Refugees, the Office for Religious Communities
and the Office of the Republic of Slovenia Youth, are considered as
positive measures. With reference to the Office of the Human Rights
Ombudsman, the Committee especially welcomes the fact that the Ombudsman
may by law initiate proceedings ex officio.
5. The Committee
welcomes the appropriate measures taken by the State party authorities
to resolve the issue of citizenship of former citizens of the Socialist
Federal Republic of Yugoslavia following the proclamation of the independence
6. The Committee
notes the specific measures taken for the promotion and the protection
of the human rights of the Roma population, including their right to
vote and to be elected, the possibility given to this community to gain
access to education, including pre-school education, and programmes
for professional training.
C. Concerns and recommendations
the State party provided some information in its report, the Committee
remains concerned at the status of the Convention vis-à-vis domestic
law, especially regarding cases of conflicts with national legislation
and the possibility of invoking provisions of the Convention in the
courts. In this connection, the Committee requests the State party to
provide further information in its next periodic report on the status
of the Convention in domestic law and on court cases, if any, during
which the Convention was invoked.
8. The Committee
notes that different minority groups are provided by law with differentiated
protection measures in different areas of daily life, such as political
representation, access to media, education and culture. The Committee
notes that minority groups such as Croats, Serbs, Bosnians and Roma
do not enjoy the same level of protection from the State party as the
Italian and Hungarian minorities. In this connection, the Committee
recommends that the State party, in accordance with article 2 of the
Convention, ensure that persons or groups of persons belonging to other
minority groups are not discriminated against.
9. The Committee
is concerned that the legislation presently in force doesn't seem to
respond to all the requirements of article 4 of the Convention, which
are mandatory. It is also noted that no information on condemnations
of individuals and organizations that disseminate ideas of racial superiority
or use racial violence was provided by the State party in its report.
The Committee takes note of the oral comments made by the delegation
on this matter and recommends that the State party review the existing
domestic legal framework with a view to implementing all provisions
of article 4 of the Convention and to including in the next periodic
report relevant information on this subject. The Committee also recommends
that the State party take all appropriate measures to inform the general
public about existing judicial remedies for victims of racism or xenophobia
in order to encourage the use of such remedies.
the Committee welcomes the initiatives taken by the Slovenian authorities
to sensitize and train civil servants and public officials on human
rights and racial discrimination
Committee remains concerned that these efforts are still insufficient.
The Committee recommends that the State party strengthen its human rights
sensitization and training programmes, especially with regard to law
enforcement and military personnel.
11. The Committee
is concerned that the temporary protection offered by the State party
to refugees might be insufficient to guarantee their basic rights. The
Committee recommends that the State party review its policy on temporary
protection of refugees in order to guarantee all their rights, especially
those covered by the Convention, and facilitate their integration in
12. It is noted
that the State party has not made the declaration provided for in article
14 of the Convention, and some members of the Committee request that
the possibility of making such a declaration be considered.
13. The Committee
recommends that the State party ratify the amendments to article 8,
paragraph 6, of the Convention, adopted on 15 January 1992 at the Fourteenth
Meeting of States Parties to the Convention.
14. The Committee
recommends that the State party's reports be made readily available
to the public from the time they are submitted and that the Committee's
concluding observations on them be similarly publicized.
15. The Committee
recommends that the State party's next periodic report, due on 6 July
2001, be an updating report and that it address the points raised in
the present observations.