Legislation and documents
Both traditional national minorities and the Roma Ethnic Community in the Republic Slovenia enjoy a high legal protection, which extends from the international conventions ratified by Slovenia - they are constituent part of the Slovenian legal order - to the highest state act, Constitution of the Republic of Slovenia and to numerous legal and other acts.
International and bilateral legal documents on the minorities
The Office for Nationalities strives to fulfil and carry out the obligations arising from international and bilateral documents, agreements and treaties, ratified by the National Assembly of the Republic of Slovenia.
The Office for Nationalities is integrated in various activities in the field of human rights and minority rights in the framework of Stability Pact for South Eastern Europe and in the activities of Council of Europe and of European Union institutions. The Office for Nationalities presents its experiences in the field of minority policy and cooperates with some others countries, with their respective institutions.
The Republic of Slovenia ratified the Framework Convention for the Protection of National Minorities in 1998. At the time of deposit of the instrument of ratification the Republic of Slovenia stated that, in accordance with the Constitution and internal legislation of the Republic of Slovenia, national minorities in the Republic of Slovenia are the autochthonous Italian and Hungarian National Minorities. In accordance with the Constitution and internal legislation of the Republic of Slovenia, the provisions of the Framework Convention shall apply also to the members of the Roma Ethnic Community, who live in the Republic of Slovenia.
The National Assembly of the Republic of Slovenia ratified the European Charter for Regional or Minority Languages in 2000. At the time of deposit of the instrument of ratification the Republic of Slovenia stated that the Italian and Hungarian languages are considered as regional or minority languages in the territory of the Republic of Slovenia, within the meaning of the European Charter for Regional and Minority Languages. In accordance with Article 7, Paragraph 5, of the Charter, the Republic of Slovenia will apply the provisions of Article 7, Paragraphs 1 to 4, also to the romani language.
By adopting the Act Amending Local Self-Government Act, the Act Amending Local Elections Act and the Voting Rights Register Act (Official Gazette, No. 52/02) the Republic of Slovenia realised the recommendations of the Resolution of the Congress of Local and Regional Authorities of the Council of Europe on prompt integration of Roma in local communities.
Basic documents, regulating international cooperation of the Office for Nationalities:
· Framework Convention for the Protection of National Minorities (Official Gazette RS, No. 20/98),
· European Charter for Regional or Minority Languages (Official Gazette RS, No. 69/00),
· Convention on the Elimination of All Forms of Racial Discrimination (Official Gazette SFRY, No.31/67),
· Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Official Gazette RS, No.2/94),
· Convention for the Protection of Human Rights and Fundamental Freedoms (Official Gazette RS, No.33/94),
· Osimo Agreements (1977),
· London Memorandum (1954),
· Act notifying succession to agreements between the former Yugoslavia and the Italian Republic (Official Gazette RS, No.40/92),
· Act Ratifying the Agreement on Guaranteeing Special Rights to the Slovene Minority living in the Republic of Hungary and the Hungarian National Community in the Republic of Slovenia
· (Official Gazette RS, No.23/93).
Legal acts – special protection of the Italian and Hungarian National Community in the Republic of Slovenia
Here are listed the most important acts, related to special rights of the Italian and Hungarian National Communities. Listed acts indicate the realisation of constitutional standards of special rights of both National Communities in specific fields. Due to rationality and clearness only the most important acts and other legal documents are listed below.
· Constitution of the Republic of Slovenia, especially Articles 5, 11, 61, 62 and 64,
· Self-Governing Ethnic Communities Act,
· Establishment of Municipalities and Municipal Boundaries Act,
· Radiotelevizija Slovenija Act,
· Public Media Act,
· Statute of Radiotelevizija Slovenija,
· Act on Enforcing Public Interest in the Field of Culture,
· Financing of Municipalities Act,
· Cultural Heritage Protection Act,
· Local Self-Government Act,
· National Assembly Election Act,
· Act on the Establishment of Voting District for Elections of Deputies to the National Assembly,
· Local Elections Act,
· Voting Rights Register Act,
· Institutes Act,
· Public Administration Act,
· Public Use of the Slovene Language Act,
· Instruction on the organisation of public events in which the use of foreign languages in allowed,
· Police Act,
· Register of Deaths, Births and Marriages Act,
· Personal Name Act,
· Identity Card Act,
· Passports Act,
· Decree on Keeping and Maintaining of the Central Register of Population and on the Procedures of Data Flow from the Central Register of Population,
· Act on designating areas and naming and marking settlements, streets and buildings,
· General Administrative Procedure Act,
· Decree on administrative operations,
· Courts Act,
· Notary Act,
· State Prosecutor Act,
· Penal Code,
· Court Rules,
· Criminal Procedure Act,
· Act on the Coat-of-arms, the Flag and the Anthem of the Republic of Slovenia and on the Flag of the Slovene Nation,
· Organisation and Financing of Education Act,
· Kindergarten Act,
· Elementary School Act,
· Gimnazije Act,
· Matura Examination Act,
· University of Primorska Charter,
· Ordinance on the Establishing Centro Italiano di Promozione, Cultura, Formazione e Sviluppo – Promocijsko, kulturno, izobraževalno in razvojno italijansko središče,
· Vocational and Technical Education Act,
· Act Implementing Special Rights of Members of the Italian and Hungarian Ethnic Communities in the Field of Education,
· Fund for Amateur Cultural Activities of the Republic of Slovenia Act,
· Librarianship Act,
· Act Regulating the Use of Funds Arising from the Proceeds Based on the Transformation of Companies Ownership Act,
· Decree laying down criteria, conditions and procedures for the allocation of funds for the purpose of creating economic basis for indigenous national communities,
· Decree laying down criteria, conditions and procedures for the allocation of funds for the purpose of creating economic basis on ethnically mixed areas for year 2001,
· Promotion of Balanced Regional Development Act,
· Decree Ratifying the Agreement between the Government of the Republic of Slovenia ad the Government of the Italian Republic on Cooperation in Culture and Education,
· Consumer Protection Act,
· Statutes of ethnically mixed municipalities (Izola, Koper, Piran, Lendava, Moravske Toplice, Dobrovnik, Hodoš, Šalovci) in the Republic of Slovenia,
· Act notifying succession to agreements between the former Yugoslavia and the Italian Republic,
· Framework Convention for the Protection of National Minorities,
· European Charter for Regional or Minority Languages,
· Convention on the Elimination of All Forms of Racial Discrimination,
· Convention for the Protection of Human Rights and Fundamental Freedoms,
· London Memorandum (1954),
· Osimo Agreements (1977),
· Act Ratifying the Agreement on Guaranteeing Special Rights to the Slovene Minority living in the Republic of Hungary and the Hungarian National Community in the Republic of Slovenia,
· Decree Ratifying the Memorandum of Cooperation between the Government of the Republic of Slovenia and the Government of the Italian Republic,
· other directives and acts of the Government of the Republic of Slovenia.
Legal protection of the Roma Community in the Republic of Slovenia
The legal basis for current regulation is provided in Article 65 of the Constitution of the Republic of Slovenia, which stipulates: “The status and special rights of the Roma Community living in Slovenia shall be regulated by law.”
Protection ofspecial rights of the Roma Ethnic Community is currently being implemented through eleven (11) sector-specific acts:
· Local Self-Government Act,
· Local Elections Act,
· Voting Rights Register Act,
· Act on Enforcing Public Interest in the Field of Culture,
· Organisation and Financing of Education Act,
· Kindergarten Act,
· Elementary School Act,
· Public Media Act,
· Librarianship Act,
· Promotion of Balanced Regional Development Act,
· Radiotelevizija Slovenija Act.
Two recently adopted Acts should also contribute to the improvement of the situation of the Roma Ethnic Community in Slovenia: Promotion of Balanced Regional Development Act and Radiotelevizija Slovenija Act.
Promotion of Balanced Regional Development Act, adopted 4 October 2005, entered into force 5 November 2005, stipulates inter alia:
· One of the main goals of the promotion of balanced regional development is also development of the Roma settlements,
· Regional development programs of regions where the Roma Ethnic Community lives, include development programs of the settlements where this community resides,
· Among members of the regional development council in the development regions where the Roma Ethnic Community lives, there is also a representative of the Roma Community. The Roma Community itself appoints representative of the Roma Community to the regional development council.
Radiotelevizija Slovenija Act, adopted 15 June 2005, approved on referendum 25 September 2005, entered into force 12 November 2005, stipulates inter alia: "according to this Act public service comprehends creating, preparing, recording and broadcasting … radio and television broadcasts for the Roma Community (broadcasts for Roma)".
Statutes of 19 municipalities (Murska Sobota, Rogašovci, Puconci, Tišina, Cankova, Lendava, Črenšovci, Beltinci, Kuzma, Dobrovnik, Turnišče, Novo mesto, Črnomelj, Kočevje, Trebnje, Krško, Metlika, Semič, Šentjernej) also provide special rights to the Roma Ethnic Community that traditionally reside in the Republic of Slovenia. Unfortunately, the Municipality of Grosuplje has not yet fulfilled its commitment imposed by the Local Government Act and decisions of the Constitutional Court of the Republic of Slovenia. It is expected that also the Municipality of Grosuplje will fulfil its obligations also because of the Act Amending the Local Government Act, which provides efficient sanctions in cases where a municipality does not respect a legal provision. Possible sanctions are dissolving municipal council or even dismissing a mayor.
In future also the Roma Community Act will contribute to regulation of Roma issues. Preparing the Roma Community Act is based on the decision of the Government of the Republic of Slovenia, adopted on 6 January 2005 (No. 018-11/2004-1), that states: “The Government of the Republic of Slovenia tasked the Office for Nationalities to start preparations towards adopting a special act on the Roma Community”.