Protection of Minorities in Slovenia: A Examination of the Concept of Autochthonous Minorities

By Imane Bellaadem

Abstract

The paper examines the level of protection of minorities in Slovenia with a focus on the concept of autochthony. Based on a very detailed analyses of the definition and interpretation of autochthony, this work addresses consequences of absence of legal regulation of this constitutional category. Relying on autochthony as the only criteria for providing a minority status, Slovenia is excluding de facto minorities from minority protection. The paper shows that only two criteria need to be met: de facto existence of a distinctive community and their desire to be treated as such. The practice is showing a tendency to abolish the formal recognition of a minority as a pre-requisite to provide protection, and to take into account the real situation in the state. The present analysis shows that this approach is strongly condemned by international standards and the international community and that minority identificaton has risen beyond the traditional understanding, that require historical presence on a specific territory within a state, whose members maintain firm and long-lasting ties with the state of their residence. The analysis demonstrates the effects and obstacles non-autochthonous minorities are facing in everyday life. This issue was analysed through following sections: theoretical and legal framework of autochthony, international standards on the personal scope of application of minority protection, analyse of the position of autochthonous and non-autochthonous minorities.

Key words: autochthony, non-autochthonous, minorities, protection,  Slovenia

 

List of Abbreviations

CERD- Committee on Elimination of All Forms of Racial Discrimination

ECRI- European Committee against Racial Discrimination and Intolerance

ECRML- European Charter for Regional or Minority Languages

ExYumco-The Union of Unions of cultural associations of former Yugoslavia’s constitutive nations and nationalities in Slovenia

FCNM- Framework Convention for the Protection of National Minorities,

ICCPR- International Covenant on Civil and Political Rights

NPUR 2017-2021- Program of Measures of the Government of the Republic of Slovenia for the Roma for the Period 2017-2021

RS- Republic of Slovenia

SFRY- Social Federal Republic of Yugoslavia

SRS- Socialist Republic of Slovenia

VRRA II- Voting Rights Registry Act II

 

Introduction

Slovenia has never been an ethnically homogeneous state, due to its rich history. Gaining independence in 1991, its borders were redefined for the last time and left a colorful mosaic of various non- Slovene ethnic groups.[1] These groups can be divided into two categories, historical ethnic minorities, declared in the Constitution as autochthonous, and new minorities, known also as non-autochthonous minorities.[2] Slovenia has recognized Italians, Hungarians and Roma community as autochthonous minorities.[3] The Constitution has only referred to the Roma community as an officially recognized community and declares that their status and special rights shall be further regulated by law.[4] Non-autochthonous minorities are all the other de facto minorities and consists of all peoples from former Yugoslav Republics, Albanians, Gottschee German-speaking community, making just over 10% of the population, according to the last population census from 2002.[5]

Autochthony is a crucial part of Slovene minorities’ protection system today.  It is used as a criteria for the personal scope of application of minority protection. It is mentioned in article 5 of the Constitution only referring to Italians and Hungarians, whereas in article 64 is regulation the special rights of these two groups.[6] Roma community is provided with a special protection, however in the Constitution the attribute autochthonous is not linked to Roma community but only in terms of political rights on local level.[7] Autochthony, as it is right now in Slovene context, is a subject of interpretation. The Constitution did not leave any space for interpretation but just stated that the two minorities are autochthonous nor did it provide any clarification on this term. As such, it represents a peculiarity in the minority protection in states of former Yugoslavia and wider. In Europe, a very few countries have introduced this concept or a rather similar one. However, those countries gave a time framework of relevant length of residency in order to qualify as a minority, at least to some extent, whereas this is not the case with Slovenia.

Slovenia has done a very noteworthy job with regulating the position of minorities and at the same time, Slovenia is neglecting another groups of minorities entirely. Approaching the matter of interpretation of autochthony is two-fold. On one hand, we find the enclosed list of autochthonous minorities and on the other, we do not find appropriate clarification of this term, which would show what requirements are necessary to meet. It is only possible to find several secondary and partial explanations, provided by the Constitutional Court and the government whose purpose was not solving the autochthony per se, but rather the constitutionality of rights based on autochthony. Autochthony serves both as a ground for providing a normative exemplary protection and as a ground for exclusion of the rest of minorities. While providing a rather exemplary normative protection to autochthonous minorities Slovenia is lacking a comprehensive protection framework targeting non-autochthonous minorities. Consequences of such approach and regulations are the problem this thesis focuses on and analyses.

The questions I pose is whether the overall minority protection is in line with international standards and whether is autochthony an acceptable criteria for limiting the personal scope of application of minority protection and does it amount to discrimination.

The main hypothesis of this paper is that autochthony serving as the only requirement for enjoying minority rights aggravates the possibility of the non-autochthonous minorities to exercise rights contained in the FCNM and other relevant international documents. I claim that such distinction among minority groups is not acceptable and results in unequal and unjust treatment. Autochthony as it is, benefits the Italian and Hungarian community, as they are provided with a sufficient amount of protection, despite the fact that implementation of the existing legal framework is some areas is incomplete. Another argument contributing to my hypothesis is that linguistic, cultural rights, and right to information are not protected under the European Charter for Regional or Minority Languages, due to the fact that they are not languages of the autochthonous minorities.

 

1.    Minority protection in Slovenia

Minority protection in Slovenia is applied on the bases of the principle of autochthony. It also relies on territorial model of protection. Slovenia has a rich history in regulating the position of minorities, namely Italians and Hungarians. The current system has included the Roma community into the scope of autochthonous minorities too.

1.1. The model of minority protection in Slovenia

Autochthony as a legal category is specific for Slovenia. In the states of former Yugoslavia, Slovenia is the only state which incorporated this rather vague concept and raised it to the constitutional level. This term was introduced right before the start of Yugoslav states gaining independence and due to the nationalistic and ethnic tensions in the 1990s and the relative high percentage of members of former Yugoslav states residing in Slovenia, there is indications that autochthony had several strategic goals, as will be discussed later on.

Mitja Zagar, a Slovene lawyer and theorist, classifies ethnic groups in this way:

1. Slovene nation, as an autochthonous ethnic group
2. Autochthonous national minorities, Italians and Hungarians, who enjoy an additional constitutional protection
3. (Autochthonous) Roma community who also enjoys constitutional protection
4. Minorities, whose members are citizens of Republic of Slovenia, but ethnic groups as such do not enjoy any constitutional nor legislative regulation. This category can be classified into two sub-categories
   • Numerically small autochthonous ethnic minorities
   • Non-autochthonous minorities, whose members also have Slovene citizenship, but their predecessors have moved to Slovenia only after World War II (most often in the 1960s). This groups is usually called new minorities.
   • Immigrants, who are not Slovene citizens but have permanent or temporary residence. [8]

Hence, a corresponding three-dimensional minority protection system can be found in Slovenia:

1. Relatively complete legal protection of autochthonous ethnic minorities, comprising of constitutional provisions and about 80 laws regulating
2. Specific legislation and policies regulating the position and rights of Roma community, in addition to general constitutional provisions
3. A rudimentary model of minority protection, where universal ethnic and cultural rights serve as a basis for individual ethnic and cultural identity. [9]

Republic of Slovenia has opted for the concept of ethnically mixed territory and the system of collective rights which are guaranteed regardless of the size and number of the ethnic minority in the ethnically mixed area.[10] Areas populated by the Italian and Hungarian minority for centuries are considered ethnically mixed territories and they are as such specified by the municipal statute.[11] In these areas, language of the autochthonous minority in question is also an official language, beside Slovene language. Right to enroll into the special electoral register for national elections and the right to learn Italian or Hungarian as a mother tongue are guaranteed to members of autochthonous minorities even outside the ethnically mixed areas.[12] Josipovic argues that this model is limiting the rights of members of Italian and Hungarian autochthonous minorities as they do not enjoy the same range of rights if the move from the legally defined ethnically mixed areas.[13] Miran Komac adds that the position of the autochthonous minorities outside the ethnically mixed territory can be equated to the position of the non-autochthonous minorities.[14] However, the greatest relevance of this concept is that, only within these ethnically mixed territories, the autochthonous minorities enjoy the minority protection to the greatest extent. [15]

Lack of a recent census represents a serious obstacle, especially in the process of creating minority policies and attempting to achieve official legal recognition. The last census Slovenia had conducted was in 2002. Since then, data has been collected in a form registry-based censuses without information on ethnic affiliation, language and religious diversity, apparently for privacy reasons. Official information does not exist, hence the size and number of minorities is not available.[16] Office of National Minorities has competence over national minority issues in Slovenia, together with several ministries. In 2016, Protection from Discrimination Act was adopted and Advocate of the Principle of Equality was established. Their competences includes independent research on the situation in the field of discrimination, the publication of reports and the making of recommendations and proposals on the adoption of special measures to prevent discrimination and provide legal assistance. [17]

1.2. Autochthony discussed

Autochthonous, historical or traditional minorities are considered to be the peoples that have migrated during the industrial revolution. Successors of these peoples are settled in these areas for generations and are not related to their kin-state any longer. For this reason, the academia opted for the crieria of three generations of settlement to be considered as an autochthonous minority and for the traditional territorial settlement.[18]Autochthony is considered by Sumi as a pseudo-theoretical mechanism that practically acts as a restraint but in modernist social science discourse appears as a conditional possibility of naturalizing the foreign. Due to its undefined nature, autochthony is conveniently movable so it does not jeopardize fundamental characteristics of modern theory.[19]

Vera Krzisnik – Bukic claims that the necessity for introducing the criteria of autochthony was a result of Slovene history, where Slovenia was usually left aside in administrative, state and political affairs of a socio-geographical settlement of the majority population in powerful neighbors, Austria, Italy, and Hungary, which is a long-lasting phenomenon.[20] She adds that autochthony was introduced into Slovene legistlation as a part of long-lasting, systematic institutional reforms, to enhave the protection of autochthonous Slovene minorities in the border with Austria and Italy. However, this was not the main reason for its incorporation into the Constitution, but to form a selective criteria for claiming a status of national minorities. The argument that Slovene legislation did not stipulate the numerical clause for protection of minorities work contributes to this conclucion.[21] Josipovic in his work emphasizes the unfriendly environment and hostility towards immigrants and especially towards Serbs and Belgrade at that time. He links the intention of the legislator to prevent any possible election of representatives of immigrant communities into governing bodies to adoption of the concept of autochthony. This constituted a setup which practically does not allow equal regulation of other ethnic minorities.[22] Nonetheless, Miran Komac argues that nations of former Yugoslav states could not qualify as national minorities, nor as constitutive nations.[23]

Vera Krzisnik- Bukic claims that a critical standpoint is lacking among Slovene researchers, stating that the common starting point of this concept is that it is a constitutional category and as such, it shall be respected.[24] Alenka Janko Spreizer agrees with Krzsinik- Bukic and adds that the use of the concept of autochthony is controversial, as it is used recklessly, aligned with the ideology that favors domestic and excludes the foreign. Spreizer further argues that the criticism is not a priori aimed at the exclusion of the groups whose human rights have been violated in the past, but  the ideological use of the term autochthony is used to favor certain more domestic minorities (Italians, Hungarians and Roma) while precluding the special rights by referring the autochthony. Janko Spreizer emphasizes that autochthony is traditionally used in defining the Slovene national question.[25] Irena Sumi also claims that the Slovene national/ethnic question is harmonizes with nationalist interests and deals solely with minorities that historical or autochthonous, not to say primordial. [26]

Ribicic claims that the interest for equating the status of autochthonous and non-autochthonous minorities has been lost, whereas the focus now it to gain legal recognition as minorities.[27] He also considers that recognising members of nations of former Yugoslav states as minorities should not be perceived as a threat to Slovene independence and sovereignty but as the last step to complete the process of gaining independence. [28] Krzisnik- Bukic agrees with the tenency of focusing more on gaining a legal recognition as a national minority, rather than proving the status of autochhtony. [29]

When it comes to the Roma and distinction to autochthonous and non-autochthonous, the discourse explicitly outlined the distinction between ‘ours’ and ‘foreigners with reference to territories. Spreizer in his work quotes Siftar, who states that separation must be made among the three areas inhabited by indigenous Roma and by immigrant Roma over the last two decades. However, Siftar in his statement refrained from using the term autochthonous but used the term indigenous. Spreizer notices that the distinction among Roma is practically always argued by reference to its territory, as it is known that historically Prekmurje and Dolenjska area were inhabited by Roma for centuries, whilst Roma immigrants are spread all over the country. [30]

In theory, autochthony can be divided into ‘elder’ and ‘younger’ autochthony. According to Vera Krzisnik-Bukic, ‘older’ autochthony refers to the ancestors of Serbs and Croats, mainly from the southern borders. Serbs related to Vlachs, Uskoks and Uniates, are originating from western Bosnia, escaping the Ottoman Empire, in the 15^th century. Leadership of Habsburg Monarchy has encouraged migration within the states, regardless of the duality or even trinity in Bosnia. These flows of migration include arrival of autochthonous minorities from their kin-state to Slovenian historical land. [31]‘Younger’ autochthony refers to the 72-year-long Yugoslav history. It includes many migration processes of Croats from Croatia and Bosnia, Serbs from Croatia and Bosnia, Serbs from Serbia, Muslims, Albanians, Montenegrins and Macedonians to Slovenia. We can trace back collective names of these groups on the territory of Slovenia from the censuses between two World Wars. [32]

When referring to minorities other than autochthonous, current legislation uses the term including all minorities or similar. Position of members of nations of states of former Yugoslavia is not regulated at all, not even employing the term of non-autochthonous minorities. The only exemption is the law regulating the status of the erased. Term non-autochthonous was invented in the theory for distinction from autochthonous minorities.[33] Nevertheless, the Constitution of Republic of Slovenia contains provisions that guarantee basic cultural and ethnic rights are guaranteed universally to all individuals, such as prohibition of discrimination on all grounds, right to use language and script, to express national affiliation. [34]

 

2.    Protection of minorities and autochthony: international and national legal framework

All international documents treat the limitation of personal scope on the ground of autochthony, length of residence, permanent residence or territoriality equally. On the other hand, Slovenia limited its protection to those minorities who fulfill the criteria of autochthony and provided constitutional protection to Italian and Hungarian minorities. The way of application of this criteria is not clear, as several groups objectively do meet the requirements of autochthony in regards to length of residency and to some extent the requirement of territoriality.

2.1. International and European legal instruments

According to the report of Francesco Capotorti, which contains the most internationally recognised definition of minorities, these are the elements that consitute a minority:

A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members- being nationals of a State- possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity directed towards preserving their culture, traditions, religion or language. [35]

This definition does not contain the element of traditional inhabiting an area nor does it contain the element of indigenousness. The report also refers to the four main categories of protection, where Slovenia clearly fall into the first and fourth category, namely, constitutional recognition of the existence of distinct groups and the latter one being non-recognition of minorities in municipal legal order. It is also emphasized throughout the entire report that in no case non-recognition of the minority does not dispense the State from the duty to comply with the principles in article 27 of ICCPR. [36] In addition to the objective criteria listed in the Capotorti definition, subjective criteria must be taken into account for providing minority protection.[37]

In 1998, RS ratified Framework Convention for the Protection of National Minorities. Slovenia considers only autochthonous minorities including the Roma community as national minorities, and the FCNM is only applicable to them.[38] The fourth Thematic Commentary on FCNM addressed the criteria for its applicability, namely: formal recognition, citizenship, length of residency, territoriality, substantial numbers, support by kin-states and specific characteristics. For Slovene context, it is relevant to briefly summarize the FCNM’s point of view in regards to these criteria, as all of them are applicable in Slovenia, with the exemption of citizenship and specific characteristics.

In some areas, Slovenia is relying on formal recognition of minorities, whereas it is not the case in the field of culture and language policies. The most significant criteria is the length of residency and territoriality. As Slovenia is implementing the territorial model of protection, territoriality and length of residency are intertwined. According to the Advisory Committee, length of residency is considered not relevant as a determining factor of the personal scope of application, and territoriality shall not be a limitation to the entire minority protection, but rather ensure some rights within those territories, such as right to use minority language in administration, bilingual toponymy and bilingual education or teaching minority languages in schools. The results of this approach include arbitrary exclusion, weakening the groups and unjust treatment. An interesting finding is that Slovenia abolished the criteria of substantial numbers when providing protection for autochthonous minorities, which was welcomed very much by the Advisory Committee. On the other side, we find a substantial number of new minorities that are not provided with any minority protection.

Moreover, the Advisory Committee of FCNM has through all four opinions called Slovenia to reconsider autochthony for the personal scope of application of FCNM, as it risks arbitrary exclusion and may result in discriminatory practices.[39] The Advisory Committee call upon Thematic Commentary No. 4 on the Scope of Application of the FCNM that criticizes hierarchies among various minorities and providing uneven attention, but also the states that situations, where only certain forms of diversity are accepted, are an obstacle to full equality.[40]

International Convention on the Elimination of All Forms of Racial Discrimination specifically deems as racial discrimination any providing special rights to certain ethnic groups that lead to different groups enjoying separate rights, whereas provision of these rights only for the purpose of advancements and for the period needed to achieve these results.[41]

As seen from the definitions and reports of relevant international organizations, the personal scope of application of the protection mechanisms in Slovenia is only partial. Autochthony is often addressed indirectly or solely its effects on Roma population. Nevertheless, its effects are visible in the overall situation of minorities in Slovenia, as autochthony is the starting point of every regulation.

2.2. Autochthony: national legislative framework

Constitution of RS provides a wide range of individual rights that also concerns members of non-recognized minorities, such as right to vote, to participate in public affairs, expression of national affiliation, right to use one’s language and script.[42] Members of the new minorities are not guaranteed any special rights, nor are they recognized as a minority, as a result of lack of possibility to apply the principle of autochthony. According to the last census, members of non-autochthonous minorities make just over 10% of the population.[43]

Autochthony was introduced in the Constitution without further providing interpretation on the applicability of the criteria, could it be expanded, how a minority qualifies for autochthonous, leaving space for arbitrary decision-making. However, the question of autochthony is partially addressed in several decisions of the Constitutional Court of Slovenia.

The most relevant decision was a constitutional review of the Voting Rights Registry Act I, Act on Self-Governing National Communities, National Assembly Election Act and Local Elections Act, on the ground that according to these laws members of autochthonous minorities have the dual right to vote, in elections of deputies of the Italian or Hungarian national communities to the National Assembly and in elections of representatives of national communities to local self-government bodies.[44] Voting Rights Registry Act determines that in areas where these minorities traditionally reside, the electoral register shall be composed by a committee of the self-governing ethnic community in question. Further on, Voting Rights Registry Act explains that membership to the Italian and Hungarian national community is established on the basis of a statement of a citizen of Republic of Slovenia who is also a member of an autochthonous minority or presence in the electoral register of autochthonous minorities in past elections.[45]

Besides affirming the constitutionality of these laws, the Court has addressed the legal vacuum in the overall legislation on the matter of autochthony. It states that as the Constitution guarantees a set of special rights to members of autochthonous minorities, the criteria for determining whether a citizen of Republic of Slovenia meets these requirements should be determined by statute. It adds that the decision of an individual does not suffice to qualify but legal requirements should be set, without infringing the constitutional right to freely express affiliation to any nation or national community. It also states that absence of this criteria allows for completely arbitrary decision-making.[46] Moreover, it states that allowing enrollment into the special electoral register solely on the ground of self-affiliation would allow unlimited abuse of the special rights guaranteed to members of autochthonous minorities.[47]

The legislator adopted the Law on the Amendment of the Voting Rights Registry Act I, which regulated that the committee of the self-governing national community shall enroll individuals who are members of the autochthon national community into the special voting registry and that the affiliation with the autochthonous Italian or Hungarian national communities is determined on the bases of the individual’s statement or on the basis of entry into the special voting registry of previous elections. [48]

However, the Act on Self-Governing National Communities has not been amended since its adoption in 1994, and this version does not contain any additional provisions that would provide detailed criteria on meeting the requirement of autochthony.[49] But it states that members of autochthonous minorities, who live in a nationally mixed area, shall establish a municipal self-governing national community and follows up with an explanation that only members that have the right to vote and are registered in special municipal electoral registry can vote for and be elected as a member of the council of a municipal self-governing community.[50]

In 2005, another attempt of clarification the term autochthony is noticed. In the Government’s Opinion in the second cycle of monitoring of the FCNM, we can find the meaning of autochthonous settlement. This explanation was given in the light of the right to political participation of Roma community in areas where they traditionally reside. The government provided the explanation that areas where Roma resided historically and traditionally for more than 500 years were considered as autochthonous in terms of granting the right to political participation locally.[51]

In 2013, a new Voting Rights Registry Act II was adopted that slightly changed the condition for entry to the special electoral register. The voting rights are guaranteed upon filing a statement of affiliation to the electoral committee and after meeting these requirements alternatively set by the self-governing national communities or the Council of Roma, as the official representative body:

1. preservation of a long-lasting, solid and continuous link with the community, or
   2. endeavors to preserve all elements forging a common identity of an individual community, including their culture or language, or
   3. family ties to the second generation directly related to a citizen with a recognized voting right to vote as a member of the autochthonous Italian or Hungarian national communities or the Roma community.[52]

In 2018, the Ministry of Public Administration issued a document that interprets this Act, stating that in case of obtaining the special right to vote for the first time, the committee will grant that right if they accept the candidate’s declaration on the basis of the criteria aforementioned. Also, it clarifies that the electoral registry from 2014 will be used as relevant to obtain information on prior registration in special electoral registry.[53] The aforementioned Constitutional decision acknowledged the fact that the commission of self-governing national communities enrolled individuals in special electoral register without any statutory criteria in the elections to the National Assembly 1992-1996, [54] and this decision eliminated partially the question of legitimacy of the individuals already enrolled in the special electoral registry. However, there is still a real possibility that individuals can obtain the right to dual vote on the basis of their direct predecessors right to vote gained between 1992-1996.

Prior to adopting the second version of the Voting Rights Registry Act, Miran Komac referred to the constitutional decision U-I-283/94 as the only hint on what are the criteria for autochthony.[55] He also concluded that requirements determined by the self-governing ethnic communities for enrollment in the special electoral register could be considered valid as criteria for determining autochthony in general.[56] However, Mitja Zagar disagreed with this statement, arguing that this constitutional category of autochthonous should be clearly regulated by a law whose primary aim is to solve this matter, rather than regulating it through the lenses of another issue.[57] Despite challenging the dual voting rights of the autochthonous minorities, Miran Komac also argues that criteria must be defined by law in order to prevent expandable membership into the special electoral registry.[58] In 2010, he suggested these criteria for the enrollment into the special electoral registry that would also be applicable to Roma community:

1. Citizenship of Republic of Slovenia;
2. Residence in Republic of Slovenia since birth;
3. Permanent residence in Republic of Slovenia;
4. Public declaration of membership to Italian, Hungarian or Roma community;
5. Actively speaking Italian or Hungarian;
6. At least one parent declares/ declared themselves as member of Italian, Hungarian or Roma community.[59]

He argues that the conditions must be well defined and concise, as they grant the dual right to vote. The conditions must be realistic and must eliminate any possibility of misuse, and therefore grant a person who is not a member of an autochthonous minority to vote twice. [60]

Secondly, in the Constitutional decision U-I-416/98 declaring that the statute of town Novo Mesto is unconstitutional, as Roma community resides there traditionally but were not a granted a seat in the municipal council. This decision is important as afterwards, the Local Self-Government Act was amended with a list of 20 towns where a seat in municipal council shall be granted to Roma community.[61] The Court provided some guidelines on the meaning of the autochthony. At that time, the question of which towns shall grant a seat in municipal councils to a Roma representative was still open, so the Court concluded that as those towns were not determined by law, and that criteria of autochthony of the Roma community in Novo Mesto was undeniably met, due to numerous historical data and entry in various registers, pointing out that some countries implemented the criteria of autochthony on the bases of settlement through the period of three generations or hundred years.[62]

The Court refrained from giving a precise time length and considers it to be autochthonous if they were present on the territory for centuries.[63] It referred to Hungary and Austria. Hungarian Law from 1993 stipulated that a group can be recognized as a national minority if it was settled in Hungary for at least 100 years, and if its members are Hungarian citizens with a distinct language, culture and tradition, whereas Austria with a decree of the Federal Government within the meaning of the 1993 Law on National Communities recognized the Roma as a national community, if the members are Austrian citizens and lived as citizens in the country for decades (25 to 90 years).[64]

Finally, as the idea of united Slovene nation consists of Slovene living both in Slovenia and abroad, in 2004 a bill on relations of RS with Slovenes abroad was proposed. However, it was withdrawn already in 2005. The relevance of this bill is that it introduces a complementary concept to autochthony, allochthony ie. non-autochthony. That bill contained the explanation of the differences between autochthony and allochtony, where autochthonous minorities were members of those minorities who resided on a specific territory since the pre-industrial revolution. The text, however, did not offer any further clarification on why such division is considered to be appropriate, nor how such territory should be identified, nor when did the industrial revolution on which the text relies on occur. [65]

All these documents offer either partial explanation or some general guidelines on what is the meaning of autochthony in Slovene context and legislation. Even after more than 20 years of its existence as a constitutional category that serves as a ground for determining personal scope for minority protection, it has not been entirely explained nor defined. Lack of clarification and interpretation amount to legal uncertainty and may contribute to arbitrary exclusion of other groups from minority protection.

 

3.    Autochthonous minorities

Autochthonous minorities enjoy the highest level of protection in RS. Regulation of this category was quite systematic and covers a wide range of spheres, especially within the ethnically mixed areas. In addition to the constitutional protection, around 70 laws regulated specific fields of interest for autochthonous minorities and contribute to the implementation of the standards set in the Constitution.[66]

Italians and Hungarians who live in Republic of Slovenia have a status of autochthonous minorities, which grants them a special constitutional and rather exemplary minority protection. According to the last census, 2258 persons declared themselves as members of the Italian national community and 3762 of them considered Italian languages as their mother tongue, whilst 6243 persons declared themselves as members of the Hungarian National Community and 7713 persons stated that Hungarian language was their mother tongue.[67] Municipalities that are considered as ethnically mixed territories, for the Italian national community are Koper, Izola, Piran, Ankaran with their settlements, and for the Hungarian national community: Hodos, Moravske Toplice, Salovci, Lendava and Dobrovnik with their settlements.[68]

The Slovene Constitution grants special status to the Roma community living in RS but does not go in detail prescribing any special rights to the Roma community. It requires that the status and rights shall be regulated by law.[69] Unlike for the autochthonous Italian and Hungarian minorities, the Constitution does not prescribe any individual nor collective rights to the Roma community and does not use employ the expression ‘autochthonous’ in regards to Roma community.[70] Roma Community Act from 2007 represents the fundamental legal act regulating the position of Roma, including political participation, preservation of language, culture and ethnic characteristics.[71] Roma Community in Slovenia is located at two bigger regions, Prekmurje and Dolenjska region.[72] Municipalities that are considered to be inhabited by autochthonous Roma are Beltinci, Cankova, Črenšovci, Črnomelj, Dobrovnik, Grosuplje, Kočevje, Krško, Kuzma, Lendava, Metlika, Murska Sobota, Novo Mesto, Puconci, Rogaševci, Semič, Šentjernej, Tišina, Trebnje and Turnišče. [73]

3.1. Analysis

Slovene legislation and overall implementation are aligned with international legal standards. The autochthonous minorities enjoy a better starting point, as their status is recognized by the State, hence minority protection is applicable to them. In regards to Italians and Hungarians, and to some extent to Roma community, autochthony is more beneficial than harmful. Autochthony enables these minorities to enjoy and preserve their distinctive characteristics. It provides a wide range of additional rights to members of minorities, regardless of the size of the minority, within the ethnically mixed territory, whereas some rights are exercised also outside the ethnically mixed areas.

The first remark is that the term autochthonous is consistently referring to both Italians and Hungarian, whilst this is not the case with the Roma community. The Constitution does not refer to Roma community as autochthonous, however, in some laws, autochthony is attributed to the Roma, too. Regardless of the inconsistent attributing, the fact is that Roma are included in the system of protection of autochthonous minorities, with some shortcomings. Employing the term autochthonous to the entire Roma population in Slovenia would in certain ways improve the social inclusion and achieve a higher level of integration, contrary to additionally distinguishing among groups with the Roma community. Roma community is in an unfavorable position and face severe consequences in the field of housing, access to drinkable water, education and similar. Adding this distinction to already fragmented and slightly disorganized community results in disuniting the groups among the Roma community, makes it harder to represent efficiently their interests and needs.

My second remark is regarding the design of the system in general. The main element of ethnically mixed area is that it includes a number of municipalities where an autochthonous minority was traditionally settled. The logical question that arises is that, why the model of ethnically mixed areas was not applied analogically to the Roma community, given that the law anyway provided for an enclosed list of municipalities where certain special rights are to be applied.  And this element can be found in regards to Roma community, since 2002.[74] The second relevant element is the enrollment into a special electoral registry to enjoy the dual voting rights, which is applicable to the Roma community, too. However, the third and most important element of the ethnically mixed area is self-governing bodies of autochthonous minorities, which results in better representation. Locally, the political participation is manifested through a guaranteed seat in the municipal council only in municipalities that are considered to be traditionally inhabited by autochthonous Roma.[75]  Roma Community Act regulates the establishment of the Council of Roma Community as the umbrella organisation of the Roma Community in RS and they must be consulted prior to adopting laws and other regulations that are Roma-related. Their opinion is not binding, hence, their role is solely consultative.[76]  Regardless of the existence and implementation of the main elements of the ethnically mixed area, this is not predicted for the autochthonous Roma community, therefore, we may find unequal treatment of minorities of the same status.

When it comes to decision-making, Italians and Hungarians enjoy quite an organized and well-structured range of rights that are easier to implement. The distinction between the autochthonous and non-autochthonous Roma in this field is the most visible. Regardless of the fact that all members of Roma community can vote on the national elections, having the possibility to elect a Roma representative in the municipal council contributes to better representation and progress of the position of the Roma, in general. In theory, it is believed that several municipalities should have been included in the list of 20 municipalities that enjoy these rights, thus providing this right to some groups and not to all, amounts to underrepresentation of those groups, especially when an objective necessity for it exists and has been established.[77] Additionally, dominance of Roma Union is another issue to be addressed. However, the practice shows that the Roma Union does not support equally all groups within the wider Roma community,[78] hence, some groups, autochthonous Roma, are more included and enjoy benefits better, especially when we take into account that the Roma Council’s majority consists of members of the Roma Union. [79] At the very beginning of the organizing process of Roma, establishing the Roma Union was a big step forward. Nowadays, its dominance in the Roma Council and the fact that it solely represents the interests of autochthonous Roma, results in disproportionate representation of the non-autochthonous Roma in the Council. Taking into account that autochthonous Roma in some areas have the right to elect a Roma local representative and that Roma Union better represents interest of autochthonous Roma than of non-autochthonous, one may conclude that this distinction has enormous effects on realization of political rights of Roma.

Autochthony does not play a major role when creating language policies and its implementation. Significant moves have been made, both in regards to Italian and Hungarian, and Romani. I would like to emphasize that Slovenia has not opted for the using justifications languages for not introducing Romani language in schools, such as the non-existence of standardized Romani codification or Roma pupils lacking knowledge of official, but rather for continuously implementing various projects. The biggest disadvantage is that already introduced classes of Roma culture that include Romani language and traditions are only attended by Roma pupils, which is in favor of segregation. In regards to Hungarian and Italian, Slovenia has managed to find a suitable model of education in the ethnically mixed regions, which proved to work very well, and are acceptable by both the minorities and the majority. The schooling system fosters intercultural dialogue and diversity which is of great support to such language policies, as the curricula are country-specific-oriented and include all pupils regardless of their origin.

 

4.    Non- autochthonous minorities

All individuals residing in Slovenia are guaranteed right to vote, to participate in public affairs, expression of national affiliation, right to use one’s language and script to all individuals. These rights are contained in the Constitution and further regulated in legal acts. [80]As result of the exclusive nature of autochthony, it cannot be applied to any minority other than Italian, Hungarian and Roma.

Vera Krzisnik- Bukic argues that there are more than twenty arguments why should Slovenia grant the status of minorities to members of nations of former Yugoslav states, of which the most relevant ones are, that at the time of issuing the Statement of Good Will, nations held the status of constituent peoples and the Statement assured them their position will not change. After the independence, the status of constitutency was withdrawn and not switched with a collective status of national minorities. She argues that all peoples of former Yugoslavia have continuosly inhabited Slovenia from the beginning od 20th century, emphasizing that some peoples have been settled in several areas even centuries before. She also emphasized their continuous battle for gaining legal recognition and their self-organisation in several fields.[81]

Position of non-autochthonous minorities is reduced and they are treated only as individuals residing in Slovenia. They are also members of groups with distinctive ethnic, linguistic, religious and other features, composing a significant percentage of population, with a desire to be treated as a minority, hence their starting points differ. They usually have at least two identities, as citizens of the country of residence and as members of a minority, hence there should be a complementary protection mechanism to address the second identity. Entire minority protection should be applicable to new minorities, with the exemption of three articles from the FCNM, namely right to use minority language in administration, bilingual toponymy and bilingual education or teaching minority languages in schools. The establishment that requires a legal recognition of a de facto minority as a condition to provide full range of minority rights proves to be very problematic. The most common argument for not providing minority protection to new minorities is lack of possible application of the principle of autochthony and that Slovenia is relying on territorial model of protection. However, in the last decade, Slovenia has put effort in including new national minorities as a specific group into some regulations, which shows that Slovenia acknowledges the existence of these groups on its territory. The mere existence of these minorities in Slovenia is sufficient for minority identification and granting them an efficient minority protection should be done accordingly.

As stem from above, an overall progress of the position of the new national minorities can be observed. Their position has moved from the spot of total ignorance by the State and its laws at the moment of gaining independence to a greater recognition nowadays. This progress still did not meet the minimum of international standards in minority protection. New minorities are not provided with specific measures for efficient participation in decision-making on national and local level. Council for Issues concerning the Communities of Members of Nations of the Former SFRY represents a consultative body in the field of language, media and culture, but there is no mechanism to guarantee any special political rights. On the national level, we can find ExYumco, that is also a consultative body, whose main aim is legal recognition. Their biggest achievement so far is issuing the Declaration on the Status of National Communities of Members of Nations of the Former SFRY. Not to undermine the achievement of adopting the only document applicable solely to these groups, but no sort of legal recognition was achieved, nor was the range of applicable rights expanded. Achieving efficient participation on the local level seems to be more relevant for integration, as most of the rights are exercised on the local level. To conclude, I would add that the Declaration and the re-establishment of ExYumco form a solid foundation for regulating the position of new minorities from former Yugoslavia in the future.

Language, cultural rights and the right to information are also affected by the autochthony. Cultural heritage of these minorities is included within the definition of cultural heritage in Slovene context, whilst there are no application calls particularly targeting them. Only since 2010 the new minorities became eligible for applying for co-funding by the state. There is a special call for funding for the German-speaking minority since 2008, only for the great risk of extinction of the Gotschee German. We find a period of twenty years during which new minorities were not provided with any support from the state, whereas the autochthonous minorities are continuously invited to apply for funds. The definition of the public interest in regards to media is not inclusive, which shows inconsistency and hesitance in entirely including the interests of new minorities within the interests of Slovene public interests. Autochthony limits exercise of these rights by limiting accessible funds, and not by limiting eligibility for application on call of funding.

Kin-states are expected to exert a protective function from the outside and provide support and funds for their minority in Slovenia. This approach is problematic in the context of former Yugoslav states, as they are dealing with transition and post-transition states that are in a weak economic position. Austria is an exemption as it is very cooperative and financially support the German-speaking minority. This approach is particularly emphasized in the field of use of languages, media, and culture, where it is expected that these activities shall financially rely on cooperation with the kin-states. It is proved that the bilateral agreements do not serve well as the primary base for effective exercise of these rights.  Generally, FCNM condemns this approach as irrelevant, as a State party has the exclusive jurisdiction over its territory and people.

There are three factual autochthonous minorities that are legally perceived as non-autochthonous. They meet the requirement of continuous presence in Slovenia and are traditionally settled in certain areas that were determined through historical research. The main elements of the minority protection model in Slovenia are fulfilled, but the status is yet omitted. These groups, namely Serbs, Croats, and German-speaking minorities, are treated as non- autochthonous minorities or as individuals. This shows the inconsistency of application the concept of autochthony to all groups that meet the core requirements. Therefore, one may conclude that this shows favoring of certain minorities over others. Serbs from Bela Krajina constitute an exemption from this argument, as they did not want to seek the status of autochthony.[82]

 

5.    Concluding discussion: Open questions on autochthony

Autochthony is a constitutional category for more than 20 years and still remains not insufficiently specified and clarified. Several attempts on defining and providing clarifications of the term by the Constitutional Court and government are noted. However, no concrete and the final answer has been provided. Firstly, it should have been elaborated on what was taken into account when selecting these groups of minorities as autochthonous, as Serbs, Croats, and German-speaking minorities are left out of this category, and they have resided in certain areas for centuries. Providing additional explanation on what requirements were met by Italians, Hungarians and some Roma and not by Serbs, Croats and German-speaking minority, would have contributed to defining autochthony in Slovene context.

As the concept of autochthony was introduced in the 1990s, I wonder is it possible to claim that it was established as a sort of protection fence, to prevent any nationalistic or ethnic tensions among the nations of former Yugoslavia in Slovenia. Another question that one may pose is whether autochthony was introduced to prevent a constitutional or dominant position of nations of former Yugoslavia in Slovenia, even after independence. However, these questions require political and sociological research on the timeline of events in the process of statehood creation.

From a legal perspective, autochthony is a closed term that is currently applicable only to the Italians, Hungarians, and Roma. If we set as a starting point of the discussion the fact that a minority must be considered as autochthonous to enjoy collective minority rights, I question the possibility of expansion of the personal scope. This is the main reason why autochthony should be more elaborated, as the concept as it is currently is very closed and does not allow any minority to achieve legal recognition. As known, migrations are an everyday process, and in some, relatively short, time, it is possible for some groups to reach the third generation residing in Slovenia or the criteria of 100 years. In an interview with professor Mitja Zagar, his opinion was that there shall be no legal obstacle for any new minority to qualify as autochthonous in the future, regardless of the origin.[83] However, professor Miran Komac replied to this question in the light of the former Yugoslav states and from a political point of view.  His opinion was that there is almost no chance for that to happen, as there is no political will to do so, and nations of former Yugoslav states find it very hard to organize themselves together as a united front.[84]

If we further assume that the personal scope can be expanded, the next question to answer is how to start the counting of the generations or years of inhabitance. It is almost a rule that the first generation has the status of immigrants, shall the generation-counting start from their successors then, which would mean that de facto second generation would be considered as the first de jure, or even the immigrant generation counts as first. Even if the personal scope of the autochthonous minorities is expanded, the applicability of the existing minority protection system would be problematic. If some groups, namely Serbs, Croats, and German-speaking minority, would achieve the status of autochthonous, would Slovenia apply it only to the groups residing in traditional areas, namely Bela Krajina, southern border and Kocevlje, and achieve the same division as within the Roma population or would all members of these groups enjoy the benefits.

I argue that the existing design of minority protection is not compatible with the interests and needs of the non-autochthonous minorities in Slovenia. I suggest non-territorial protection, to apply to all members of these minorities, regardless of their address. The scope of protection does not necessarily need to grant political representation on the national level, but rather ensure representation on the local level on the bases of quota. Re-establishing the Council of former SFRY states as a consultative body would contribute to progress of the overall position in Slovenia. Moreover, institutionalizing cultural rights and visibility in media through application calls for funding targeting specifically non-autochthonous minorities and ensuring enough funds for all activities.

As I could distinguish from the analysis members of nations of former Yugoslav states are not claiming the status of autochthony per se, but rather are seeking a way to achieve legal recognition and enjoy collective rights, even through proving their autochthony as the only possible way to achieve so within the current Slovene legislation. However, legal recognition and regulating their status should have been done, not on the ground of being autochthonous but rather as a minority residing for a reasonable long time in Slovenia and as a numerous minority, who is willing to be identified as a minority.

Lastly, a symbol of equation cannot be put between minorities and autochthonous minorities. There should be a minimum standard for all de facto minorities and the autochthonous minorities to be eligible for an additional layer of protection on the ground of autochthony.[85] Provision of additional protection to the autochthonous minorities does not exclude the possibility of protecting the non-autochthonous minorities, whereas Slovenia did not create a system of minority protection aside from the one targeting the autochthonous minorities.

 

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Union of Organisations of the Kocevje Germans, available at: http://www.gottscheer.eu/arhiv.xhtml#, accessed 23.09.2019.

Union of Serbian Associations in Slovenia, available at: http://www.ssds.si/, accessed 23.09.2019.

Interviews:

Komac, Miran, Researcher at Institute for Ethnic Studies. Personal interview, 15.07.2019.

Zagar, Mitja, Researcher at Institute for Ethnic Studies. Personal interview, 30.07.2019.

[1] Komac, Miran, The Protection of Ethnic Minorities in the Republic of Slovenia, Slovenia and European Standards for the Protection of National Minorities, 2002, 13-67: 13

[2] Ibid, 13

[3] Constitution of Republic of Slovenia, Official Gazette of the Republic of Slovenia No. 33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06, and 47/13, article 5, 2013:2-18, available at: https://www.us-rs.si/media/constitution.pdf, accessed 10.07.2019.

[4] Office for National Minorities website, available at: http://www.un.gov.si/en/minorities/roma_community/constitutional_and_legal_position/, accessed 10/07.2019.

[5] Novak-Lukanovič, Sonja and Limon, David, Language Policy in Slovenia, Language, Culture and Curriculum, No. 25(1), 2012:27-39, 13, available at: https://www.researchgate.net/publication/241734490_Language_policy_in_Slovenia, accessed 10.07.2019.

[6] Constitution of Republic of Slovenia, Official Gazette of RS No.33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06 and 47/13, article 64, available at: https://www.us-rs.si/media/constitution.pdf, accessed 10.07.2019.

[7] Ibid.

[8] Žagar, M. Položaj i prava nacionalnih manjina u Republici Sloveniji, Politička Misao No. 03, 2001, 106-121: 111, available at: https://www-ceeol-com.ezproxy.unibo.it/search/viewpdf?id=21449, accessed 13.08.2019.

[9] Žagar, M. et al., The Aspect of Culture in the Social Inclusion of Ethnic Minorities, Evaluation of the Impact of Inclusion Policies under the  Open Method of Co-ordination in the European Union: Assessing the Cultural Policies of Six Member States, Final Report on Slovenia, Institute for Ethnic Studies, 2006: 20, available at: https://www.files.ethz.ch/isn/28297/working_paper_33.pdf, accesssed 12.08.2019.

[10] Komac, Miran. The Protection of ethnic minorities in the Republic of Slovenia and the European Charter for Regional or Minority Languages, Revista de Llengua i Dret, No. 41, 2004, 39-103, available at: https://libros-

revistas-derecho.vlex.es/vid/ethnic-minorities-slovenia-charter-67336015#section_17, accessed 11.08.2019.

[11] Ibid, 39-103.

[12] Republic of Slovenia Office for National Minorities, available at: http://www.un.gov.si/en/minorities/italian_national_community/statistical_data/, accessed 19.08.2019.

[13] Josipovic, Damir. Avtohtonost, etnicnost, narodnost in defincija narodne manjsine, Zgodovinski, politološki, pravni in kulturološki okvir za definicijo narodne manjšine v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2014, 9-35:13

[14] Interview with prof. Miran Komac in 2019

[15] Interview with prof. Miran Komac in 2019

[16] Report of the Special Rapporteur on Minority Issues, 2019:10, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/002/60/PDF/G1900260.pdf?OpenElement, accessed  21.09.2019.

[17] Republic of Slovenia Office for National Minorities, available at: http://www.un.gov.si/en/minorities/italian_national_community/statistical_data/, accessed 19.08.2019.

[18] Valentincic, Dejan. Pravice narodnih manjsin- primerjalni ustavnopravni, mednarodnopravni in drzavoznanstveni pogled, Kdo so narodne manjsine v Republiki Sloveniji, Zveza zvez kulturnih drustev narodov in narodnosti nekdanje SFRJ v Sloveniji, Ljubljana, 2014, 129-150: 131

[19] Sumi, Irena. Ethnic difference in Slovenia: selected problematizacions, Razprave in Gradivo, No.45, Institute for Ethnic Studies, Ljubljana, 2004, 7-37: 27, available at: https://rig-td.si/wp-content/uploads/2018/11/45_-13.pdf, accessed 08.10.2019.

[20] Krzisnik- Bukic, Vera. Krzisnik- Bukic, Vera. National minority question in Slovenia afther the breakdown of Yugoslavia: on the justification of the acknowledgement of national minority status for the Albanians, Bosniacs, Croats, Macedonians, Montenegrins and Serbs in the Republic of Slovenia, along with the model of managing proposals, Razprave in Gradivo, No. 56/57, Institute for Ethnic Studies, Ljubljana, 2008:128-130

[21] Krzisnik- Bukic, Vera. Scientific background for the defintion of ‘National minority in the Republic of Slovenia’ and the problem of expert disagreement, Zgodovinski, politoloski, pravni in kulturoloski okvir za definicijo narodne manjsine v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2014, 137-160:  151

[22] Josipovic, Damir. Avtohtonost, etnicnost, narodnost in defincija narodne manjsine, Zgodovinski, politološki, pravni in kulturološki okvir za definicijo narodne manjšine v Republiki Sloveniji,  Institute for Ethnic Studies, Ljubljana, 2014, 9-35:13

[23] Komac, M. Model varstva narodnih manjsin v Sloveniji:potrebujemo opredelitev pojma narodna manjsina?, Zgodovinski, politološki, pravni in kulturološki okvir za definicijo narodne manjšine v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2014, 167-201: 185-166

[24] Krzisnik- Bukic, Vera. Albanci, Bosnjaki, Crnogorci, Hrvati, Makedonci in Srbi kot neustavne manjsine v Republiki Sloveniji na zacetku 21. stoletja, Kdo so Manjsine v Sloveniji, Zveza zvez kulturnih drustev narodov in narodnosti nekdanje SFRJ v Sloveniji, Ljubljana, 2014, 151-179: 160

[25] Janko Spreizer, Alenka. Autochthonism in the Slovene national issue and the concept of indigenousness: elements for the analysis of primacy ideologies, Razprave in Gradivo, No.50-51, Institute for Ethnic Studies, Ljubljana, 2006, 236-271:238-250, available at: http://www2.arnes.si/~ljinv16/RIG/RIG%2050-51/AJS.pdf, accessed 08.10.2019.

[26] Sumi, Irena. Kultura, etničnost, mejnost. Konstrukcije različnosti v antropološki presoji. Ljubljana: Založba ZRC, 2000:117

[27] Ribicic, Ciril. Interes in neodogvornost vecinskega naroda za sozitje z manjsinami: novodobne narodne manjsine in osamosvojitev Slovenije, Kdo so Manjsine v Sloveniji, Zveza zvez kulturnih drustev narodov in narodnosti nekdanje SFRJ v Sloveniji, Ljubljana, 2014, 179-204: 198

[28] Ibid, 200.

[29] Klopcic, Vera, Miran Komac and Vera Krzisnik- Bukic. Albanci, Bosnjaci, Crnogorci, Hrvati, Makedonci in Srbi v Republiki Sloveniji:  Polozaj in status pripadnikov narodov nekdanje Jugoslavije v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2003: 298-309

[30] Janko Spreizer, Alenka. „Autochtonous” and „Non-Autochtonous” Roma In Slovenia – Social Construction of Territorial Division f Identities, Razprave in Gradivo, No. 45, Institute for Ethnic Studies, Ljubljana, 2004, 194-217, 202-205, available at: https://rig-td.si/wp-content/uploads/2018/11/45_-2.pdf, accessed 08.10.2019.

[31] Klopcic, Vera, Miran Komac and Vera Krzisnik- Bukic. Albanci, Bosnjaci, Crnogorci, Hrvati, Makedonci in Srbi v Republiki Sloveniji:  Polozaj in status pripadnikov narodov nekdanje Jugoslavije v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2003: 298-309

[32] Ibid, 298-309.

[33] Ibid, 298-309.

[34] Constitution of Republic of Slovenia, Official Gazette of RS No.33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06 and 47/13, article 61-63, available at: https://www.us-rs.si/media/constitution.pdf, accessed at 12.07.2019.

[35] Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities, Francesco Capotorti, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, United Nations, 1991.

[36] Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities, Francesco Capotorti, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, United Nations, 1991.

[37] Office of the High Commissioner, available at: https://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx, accessed 20.09.2019.

[38] Republic of Slovenia Office for National Minorities, available at: http://www.un.gov.si/en/minorities/italian_national_community/statistical_data/, accessed 19.08.2019.

[39] Advisory Committee on the FCNM: First Opinion on Slovenia, ACFC/INF/OP/I (2005) 002, Council of Europe, 2002:22, available at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168008bd06, accessed 25.07.2019.

[40] Advisory Committee on the FCNM, Thematic Commentary No. 4  on the Scope of Application of the FCNM, ACFC/56DOC(2016)001, Council of Europe, 2016: 18, available at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806a4811, accessed at 30.07.2019

[41] UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, 21.12.1965, United Nations, Treaty Series, vol. 660, available at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx, accessed 29.09.2019.

[42] Constitution of Republic of Slovenia, Official Gazette of RS No. 33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06 and 47/13, article 61-63, available at: https://www.us-rs.si/media/constitution.pdf, accessed at 10.07.2019.

[43] Novak-Lukanovič, Sonja and Limon, David, Language Policy in Slovenia, Language, Culture and Curriculum, No. 25(1), 2012:27-39, 13, available at: https://www.researchgate.net/publication/241734490_Language_policy_in_Slovenia

[44] Constitutional Court decision U-I-283/94, Official Gazette of RS No.20/1998, Constitutional Court of the Republic of Slovenia: selected decisions: 1991-2015, Ljubljana: The Constitutional Court of the Republic of Slovenia, 2016: 835-859, available at: https://www.us-rs.si/media/zbirka.an.25.-.let.pdf, accessed 14.07.2019.

[45] Voting Rights Registry Act I, Official Gazette of RS No. 1/07,  98/13, available at: http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3250, accessed 15.07.2019.

[46] Constitutional Court decision U-I-283/94, Official Gazette of RS No.20/1998, Constitutional Court of the Republic of Slovenia: selected decisions: 1991-2015, Ljubljana: The Constitutional Court of the Republic of Slovenia, 2016: 835-859, paragraph 43, available at: https://www.us-rs.si/media/zbirka.an.25.-.let.pdf, accessed 14.07.2019.

[47] Ibid, 835-859.

[48] Komac, Miran. The Protection of Ethnic Minorities in the Republic of Slovenia, Slovenia and European Standards for the Protection of National Minorities, 2002, 13-67: 23

[49] Act on Self-Governing National Communities, Official Gazette of RS No. 65/94 and 71/17 – ZFO-1C, available at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO899, accessed 15.07.2019.

[50] Ibid.

[51] Comments of the Government of Slovenia on the Second Opinion of the Advisory Committee on the Implementation of the Framework Convention for the Protection of National Minorities in Slovenia, GVT/COM/INF/OP/II(2005)005, Council of Europe, 2005: 5-6 available at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168008f556, accessed 26.07.2019.

[52] Voting Rights Registry Act II, Official Gazette of RS No. 98/2013, article 12 (3), available at: https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2013-01-3489?sop=2013-01-3489, accessed 15.07.2019.

[53] Application of the Local Elections Act in case of  municipal council elections of self-governing national communities, 095-4/2018/1, Ministry of Public Administration

[54] Constitutional Court decision U-I-283/94 Official Gazette of RS No.20/1998, Constitutional Court of the Republic of Slovenia: selected decisions: 1991-2015, Ljubljana: The Constitutional Court of the Republic of Slovenia, 2016: 835-859, available at: https://www.us-rs.si/media/zbirka.an.25.-.let.pdf, accessed 14.07.2019.

[55] Komac, Miran.Varstvo »novih« narodnih skupnosti v Sloveniji, PRISELJENCI: Študije o priseljevanju in vključevanju v slovensko družbo, Institute for Ethnic Studies, Ljubljana, 2007, 35-69: 61, available at: http://www.inv.si/DocDir/Publikacije-PDF/2007/KNJIGA.pdf#page=41, accessed 11.07.2019.

[56] Interview with prof. Miran, Komac,

[57] Interview with prof. Mitja Zagar

[58] Komac, Miran. Model varstva narodnih manjsin v Sloveniji:potrebujemo opredelitev pojma narodna manjsina?, Zgodovinski, politološki, pravni in kulturološki okvir za definicijo narodne manjšine v Republiki Sloveniji, Institute for Ethnic Studies, Ljubljana, 2014, 167-201: 195

[59] Ibid, 195-196.

[60] Interview with prof. Miran, Komac.

[61] Bester, Romana, Miran Komac, and Janez Pirc. The Political Participation of the Roma in Slovenia, Treatises and Documents, Journal of Ethnic Studies, No.78, Institute for Ethnic Studies, 2017, 73-97: 78-79

[62] Constitutional Decision U-I-416/98, Official Gazette of RS No. 29/2001, available at: http://odlocitve.us-rs.si/sl/odlocitev/US20692, accesed 25.07.2019.

[63] Advisory Committee on the FCNM: Fourth Opinion on Slovenia, ACFC/OP/IV (2017)003, Council of Europe, 2018: 6, available at: https://rm.coe.int/fourth-opinion-on-slovenia-adopted-on-21-june-2017/16807843c7, accessed 25.07.2019.

[64] Constitutional Decision U-I-416/98, paragraph 7.

[65] Sumi, Irena, Ethnic difference in Slovenia: selected problematizacions, Razprave in Gradivo, No.45, Institute for Ethnic Studies, Ljubljana, 2004, 7-37: 27, available at: https://rig-td.si/wp-content/uploads/2018/11/45_-13.pdf, accessed 08.10.2019.

[66] Republic of Slovenia Office for National Minorities, available at: http://www.un.gov.si/en/minorities/italian_national_community/statistical_data/, accessed 19.08.2019.

[67] Republic of Slovenia Office for National Minorities, available at: http://www.un.gov.si/en/minorities/italian_national_community/statistical_data/, accessed 19.08.2019.

[68] Ibid.

[69] Constitution of Republic of Slovenia, Official Gazette of the Republic of Slovenia Nos. 33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06, and 47/13, article 65, 2013, available at: https://www.us-rs.si/media/constitution.pdf, accessed 09.09.2019.

[70] Ibid.

[71] Republic of Slovenia’s Government, available at: https://www.gov.si/teme/romska-skupnost/, accessed 09.09.2019.

[72] Bačlija, Irena, and Miro Haček, Minority Political Participation at the Local Level: The Roma. International Journal on Minority and Group Rights, Vol. 19, No. 1 2012: 53–68, available at: https://doi.org/10.1163/157181112×620537, accessed 09.09.2019.

[73] Republic of Slovenia’s Government, available at: https://www.gov.si/teme/romska-skupnost/, accessed 09.09.2019.

[74] Bešter, Romana, Miran Komac and Janez Pirc. The Political Participation of the Roma in Slovenia, Treatises and Documents Journal of Ethnic Studies, No. 78, Institute for Ethnic Studies, Ljubljana, 2017, 73–96: 78, available at: https://rig-td.si/wp-content/uploads/2018/11/78_-8.pdf, accessed 08.09.2019.

[75] Bešter, Romana, Miran Komac and Janez Pirc. The Political Participation of the Roma in Slovenia, Treatises and Documents Journal of Ethnic Studies, No. 78, Institute for Ethnic Studies, Ljubljana, 2017, 73–96: 80, available at: https://rig-td.si/wp-content/uploads/2018/11/78_-8.pdf, accessed 08.09.2019.

[76] Komac, Miran. Konstrukcija romskega političnega predstavništva, Razprave i Gradivo, No.53/54, Institute for Ethnic Studies, Ljubljana, 2007, 6-26: 21.

[77] See Chapter Roma: Participation in decision-making, 41

[78] Bačlija, Irena, and Miro Haček. Minority Political Participation at the Local Level: The Roma, International Journal on Minority and Group Rights, Vol. 19, No. 1 2012: 53–68, available at: https://brill.com/view/journals/ijgr/19/1/article-p53_3.xml, accessed 09.09.2019.

[79] Bešter, Komac and Pirc. The Political Participation of the Roma in Slovenia, 78

[80] Constitution of Republic of Slovenia, Official Gazette of RS nos.33/91-I, 42/97, 66/2000, 24/03, 69/04, 68/06 and 47/13, article 61-62, available at: https://www.us-rs.si/media/constitution.pdf, accessed 10.07.2019.

[81] Krzisnik- Bukic, Vera. Albanci, Bosnjaki, Crnogorci, Hrvati, Makedonci in Srbi kot neustavne manjsine v Republiki Sloveniji na zacetku 21. stoletja, Kdo so Manjsine v Sloveniji, Zveza zvez kulturnih drustev narodov in narodnosti nekdanje SFRJ v Sloveniji, Ljubljana, 2014, 151-179: 160

[82] Bešter, Romana et al., “Serbs” in Bela krajina: a (deliberately) forgotten minority?, Nationalities Papers, Vol. 43, No.1, 2015.

[83] Interview with prof. Mitja Zagar

[84] Interview with prof. Miran Komac,

[85] Advisory Committee on the FCNM, Thematic Commentary No. 4  on the Scope of Application of the FCNM, ACFC/56DOC(2016)001, Council of Europe, 2016: 13, available at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806a4811, accessed at 30.07.2019

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Imane Bellaadem is a human rights defender and activist from BiH. She completed her BA in Law and a MA in human rights and democracy at the University of Sarajevo and University of Bologna. She is currently working as Programme Officer with Civil Rights Defenders in Sarajevo, mainly working on issues concerning civil and political rights in the region, environment for human rights defenders, discrimination and freedom of expression. Aside from this, her interests are LGBT rights, minority rights, and environmental human rights.