From: jameskerlindsay
The year 2021 marks the 30th anniversary of Slovenia’s declaration of independence from Yugoslavia [00:00:15]. While Slovenia largely avoided the widespread violence that affected much of the former federation, it became the center of a significant human rights violation when it intentionally “erased” tens of thousands of Yugoslav citizens residing within its borders [00:00:21].
The Challenge of State Breakup
A critical question in any independence process is the fate of citizens from one part of a political union living in a seceding area [00:00:45]. In extreme scenarios, individuals can become targets of violence, potentially leading to genocide or ethnic cleansing [00:00:55]. Even in peaceful transitions, people who were full members of society with clear rights can suddenly be regarded as unwanted foreigners with little protection [00:01:10]. The breakup of Yugoslavia in the early 1990s offers a notable example of this, beyond the well-known brutal conflicts [00:01:18].
Slovenia: A Brief Overview
Slovenia is located in South East Europe, with an area of 20,000 square kilometers, making it the 150th largest member of the United Nations [00:01:41]. Its current population is approximately 2.1 million, placing it 149th globally [00:01:53]. The 2002 census indicated that 83% of the population was ethnic Slovenian [00:01:58]. The largest minorities included ethnic Serbs (around 2%), Croats (around 1.8%), and Muslims, mainly Bosniaks (1.6%) [00:02:04].
Historically, the territory of Slovenia was part of the Austro-Hungarian Empire until 1918 [00:02:35]. Following the Empire’s collapse, it joined a new political union of South Slavs, initially named the Kingdom of Serbs, Croats and Slovenes, which was renamed the Kingdom of Yugoslavia in 1929 [00:02:39]. After World War II, the Kingdom transitioned to communist rule, eventually becoming the Socialist Federal Republic of Yugoslavia (SFRY) [00:02:53]. The SFRY was composed of six republics: Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia [00:03:01].
As the most economically advanced part of the federation, Slovenia attracted economic migrants from other parts of Yugoslavia, especially Croatia and Bosnia [00:03:11]. Approximately 200,000 such individuals eventually settled in Slovenia [00:03:23].
Slovenia’s Path to Independence
The death of Josip Broz Tito, Yugoslavia’s leader since World War II, in 1980 initiated a process of state collapse [00:03:28]. By the end of the decade, the country was threatened as republics pursued different paths [00:03:38].
In December 1990, Slovenia held an independence referendum, with 96% of participants voting to secede [00:03:50]. On June 25, 1991, Slovenia formally declared independence [00:03:59]. The federal government attempted to suppress the secession by ordering Yugoslav National Army troops to intervene [00:04:05]. However, within days, facing a larger challenge in neighboring Croatia—which also declared independence on the same day—the government agreed to a ceasefire [00:04:13]. Under an international agreement, Slovenia formally committed to continued negotiations on Yugoslavia’s future, but in practice, it was permitted to pursue its own course [00:04:24].
The “Erased”: A Human Rights Crisis
Following its secession, Slovenia began the process of state-building [00:04:36]. As part of this, legislation was passed requiring all Yugoslav citizens living in Slovenia to apply for citizenship by December 26, 1991 [00:04:41]. While 170,000 people applied, tens of thousands—a significant number—missed the deadline [00:04:51]. Many failed to realize the gravity of the situation [00:05:00], while some applications were rejected, particularly those from individuals who had been part of the Yugoslav Army and resisted Slovenia’s secession [00:05:06].
In February 1992, less than two months after the deadline, the Slovenian government ordered the deletion of all non-applicants from the list of permanent residents, re-registering them as foreigners [00:05:15]. Any Slovenian documents they held, such as identity cards or driver’s licenses, were annulled, with reports of documents being shredded in front of their owners [00:05:31]. In total, 25,671 people—about one percent of the country’s population—were affected, becoming known as “the erased” [00:05:47].
Catastrophic Consequences
The impact on “the erased” was severe [00:05:55]:
- They were suddenly deprived of access to state services [00:06:00].
- They lost pensions, state housing, healthcare, and other social rights [00:06:05].
- Many lost their jobs and could not find new employment without proof of the right to work [00:06:11].
- Families were reduced to poverty, lacking unemployment benefits or other state aid [00:06:18].
- Children were denied education [00:06:26].
- In severe cases, those born in Slovenia but not registered elsewhere in the federation effectively became stateless [00:06:28].
Many affected individuals were forced to leave Slovenia, either returning to war-torn Yugoslavia or emigrating to other European countries [00:06:37]. Others were deported [00:06:48].
Legal Battles and International Pressure
Initially, the Slovenian government showed little interest in resolving the issue, which affected a small and marginalized part of society [00:06:50].
Slovenian Constitutional Court Rulings
In 1999, the Slovenian Constitutional Court ruled that the deletion of records was unlawful and ordered the government to address it [00:07:03]. The government responded with new legislation, offering a three-month window for affected individuals to apply for Slovenian citizenship [00:07:18]. However, this legislation failed to address the problems faced by “the erased” over the preceding decade or allow expelled individuals to return [00:07:26].
Four years later, the Constitutional Court issued another ruling, stating that the rights of those affected should apply retroactively to the point their records were deleted [00:07:36]. Despite another opportunity for people to regularize their status, the government still refused to implement retrospective measures [00:07:46]. Thousands continued to face registration problems, and even those with secured status encountered residual issues, such as gaining full state pensions [00:07:56]. There was also no compensation for their suffering or legal costs [00:08:08].
Politicization and Public Opinion
The issue persisted for over a decade, becoming increasingly politicized [00:08:19]. Many ordinary Slovenes, in a country seeking to distance itself from its Yugoslav past, showed little sympathy for a group largely perceived as foreign economic migrants [00:08:34]. Some characterized those affected as enemies of the state who had opposed independent Slovenia [00:08:48]. This sentiment was evident in an April 2004 referendum asking whether “the erased” should have their rights returned, where 94% of participants voted ‘No’ [00:08:56].
European Union Accession and International Intervention
On May 1, 2004, Slovenia became the first former Yugoslav republic to join the European Union [00:09:08]. By this time, the Slovenian government faced growing pressure from human rights organizations and leading international bodies, including the United Nations and the Council of Europe [00:09:16]. Despite a growing awareness of the need to address the issue, little action was taken for several years [00:09:27].
In 2006, eleven of “the erased” brought their case before the European Court of Human Rights [00:09:35]. Four years later, the Court ruled in their favor, a decision challenged by the Slovenian government [00:09:45]. In 2012, the Grand Chamber of the Court confirmed that Slovenia had violated Articles 8, 13, and 14 of the European Convention on Human Rights, which guarantee respect for private and family life, the right to an effective remedy, and the prohibition of discrimination [00:09:50].
Slovenia was given one year to establish a compensation scheme but failed to do so [00:10:11]. Consequently, in 2014, the Court ordered the government to pay nearly a quarter of a million euros in compensation to the applicants [00:10:19].
Partial Resolution and Ongoing Struggle
Facing a large wave of potential cases, the Slovenian government finally complied with the rulings [00:10:26]. It committed to ending and preventing future human rights violations and established a compensation scheme [00:10:33]. By February 2016, 22 million euros had been paid out to around 5,300 people [00:10:42]. On May 25, 2016, the Committee of Ministers of the Council of Europe, overseeing the execution of the Court’s judgment, declared its satisfaction with Slovenia’s measures, considering the matter closed [00:10:49].
However, the struggle for justice continues for many of “the erased” [00:11:08]. Some remain ineligible for the scheme or cannot afford the legal fees required to file a claim [00:11:10]. Three decades after the events, many are still fighting for justice [00:11:20].
The case of Slovenia highlights the complex issues arising from state dissolution and the profound human rights violations that can occur, even when a country largely avoids the brutal conflicts seen elsewhere in the breakup of Yugoslavia [00:11:27]. The Slovenian government’s eventual action only came when faced with significant financial penalties [00:12:08].