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The Scars of the Erasure_web

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<strong>Erasure</strong>_4a 10.1.11 20:29 Page 110110 THE SCARS OF THE ERASUREAs a matter <strong>of</strong> fact, <strong>the</strong> erased people were not deprived <strong>of</strong> Slovenian citizenshipbecause <strong>the</strong>y had never had it. 29 Accordingly, <strong>the</strong> issue <strong>of</strong> citizenship is relevantonly in specific situations:- Many erased persons applied for citizenship but were rejected, and oneamong <strong>the</strong> reasons was that <strong>the</strong>y allegedly constituted a threat to <strong>the</strong>public order and peace; this reason was later declared invalid by <strong>the</strong> ConstitutionalCourt. 30- Many erased persons wanted to apply for citizenship but missed <strong>the</strong> sixmonthdeadline for <strong>the</strong> application, which was 26 December 1991, or<strong>the</strong>y were prevented from applying for citizenship by state <strong>of</strong>ficials whorefused to accept <strong>the</strong>ir presumably incomplete applications.- Many erased people who were born in Slovenia expected that <strong>the</strong>y wouldautomatically qualify for Slovenian citizenship, as did some <strong>of</strong> <strong>the</strong>ir bro -<strong>the</strong>rs or sisters born in Slovenia to <strong>the</strong> same parents (see <strong>the</strong> example <strong>of</strong>Jana S. above).- With <strong>the</strong> erasure, some persons who were rejected for Slovenian citizenshipand who at <strong>the</strong> time <strong>of</strong> <strong>the</strong> erasure had long been absent from <strong>the</strong>ircountry <strong>of</strong> origin, lost <strong>the</strong> effective link with <strong>the</strong> only country (Slovenia) inwhich <strong>the</strong>y could, at some point in <strong>the</strong> future, apply for citizenship throughnaturalization. Persons who have not obtained citizenship from any countryand whom no country treats as its citizens at a specific point in time,regardless <strong>of</strong> whe<strong>the</strong>r or not <strong>the</strong>y would obtain its citizenship if <strong>the</strong>y appliedfor it, are de facto stateless persons. In this sense, in certain cases<strong>the</strong> erasure led to de facto statelessness.<strong>The</strong> right <strong>of</strong> children to obtain citizenship is specifically protected, as in Article24 (3) <strong>of</strong> <strong>the</strong> ICCPR. Some erased persons who lived in Slovenia withoutlegal status and had children during that period were refused <strong>the</strong> entry <strong>of</strong> <strong>the</strong>irchildren’s birth into <strong>the</strong> register. Such is <strong>the</strong> case <strong>of</strong> Ismeta and her daughter,whose fa<strong>the</strong>r also had no legal status:Our daughter was born in 1999 in Slovenia. When we wanted to enter her birthon <strong>the</strong> central register <strong>of</strong> births, <strong>the</strong>y turned us down and instructed us to go to<strong>the</strong> Bosnian embassy, where <strong>the</strong>y also didn’t want to recognize <strong>the</strong> child becausenone <strong>of</strong> us was a Bosnian citizen. My daughter didn’t have any documents fortwo years; she didn’t have <strong>the</strong> unique personal identification number, health insuranceor <strong>the</strong> like. She got status only when I obtained a permanent residencepermit . (Ismeta, 49)29 Certain persons were deprived <strong>of</strong> citizenship, but according to <strong>the</strong> definition <strong>the</strong>y do not belong in <strong>the</strong> group <strong>of</strong>erased people. <strong>The</strong> erased people are individuals who on 23 December 1990 were registered as permanent residentsin Slovenia but had not obtained Slovenian citizenship and were consequently erased from <strong>the</strong> register <strong>of</strong> permanentresidents. See Dedić et al. 2003, 55.30 See <strong>the</strong> Constitutional Court’s ruling No. U-I-89/99, dated 10 June 1999.

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