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The Scars of the Erasure_web

The Scars of the Erasure_web

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<strong>Erasure</strong>_4a 10.1.11 20:29 Page 134134 THE SCARS OF THE ERASUREHowever, studies suggest that <strong>the</strong>se rules were not consistently followed,and <strong>the</strong> right <strong>of</strong> children to be registered immediately after birth was frequentlyviolated. Such was <strong>the</strong> case <strong>of</strong> Ismeta’s daughter, who was leftwithout legal status for two years after her birth, because <strong>the</strong> entry <strong>of</strong>her birth in <strong>the</strong> register <strong>of</strong> births in Slovenia was refused, and she receivedno help from <strong>the</strong> Embassy <strong>of</strong> Bosnia Herzegovina ei<strong>the</strong>r, becauseshe was born in Slovenia and her parents were not recognized as Bosniancitizens.• In such cases it is also possible to conclude that <strong>the</strong> child’s right to identitywas violated, as in accordance with Article 8 <strong>of</strong> <strong>the</strong> Convention, identityincludes “nationality, name and family relations as recognized by lawwithout unlawful interference.”• Ano<strong>the</strong>r right that is important for erased children is <strong>the</strong> right not to beseparated from <strong>the</strong>ir parents, as stated in Article 9 <strong>of</strong> <strong>the</strong> Convention.This right was violated when one <strong>of</strong> <strong>the</strong> parents was expelled because<strong>of</strong> illegal residence in Slovenia as a result <strong>of</strong> <strong>the</strong> erasure. <strong>The</strong> Conventionfur<strong>the</strong>r states that if <strong>the</strong> separation is <strong>the</strong> consequence <strong>of</strong> an actiontaken by <strong>the</strong> state, including exile, <strong>the</strong> state must provide <strong>the</strong> child withinformation on <strong>the</strong> whereabouts <strong>of</strong> his/her parents. It should be notedthat, given that erased people were “taken to <strong>the</strong> state border” as instructedby <strong>the</strong> dispatch mentioned earlier in <strong>the</strong> text, and given that<strong>the</strong>ir last permanent address was in Slovenia, <strong>the</strong> Slovenian state bodiesdid not know <strong>the</strong> whereabouts <strong>of</strong> <strong>the</strong> expelled parent. That this is true iscorroborated by information found in <strong>the</strong> archive copies <strong>of</strong> permanentaddress records specifying <strong>the</strong> erased parent’s home republic or at besta district in that republic as his/her address after expulsion – regardless<strong>of</strong> whe<strong>the</strong>r this was true. As far as we are aware, no permanent residencerecord contains <strong>the</strong> full address <strong>of</strong> an erased parent in ano<strong>the</strong>r republic.• Knowing <strong>the</strong> facts above and knowing <strong>the</strong> attitude <strong>of</strong> <strong>the</strong> authorities towards<strong>the</strong> erased people, it is not possible to expect that <strong>the</strong> right <strong>of</strong> <strong>the</strong>child contained in Article 10 <strong>of</strong> <strong>the</strong> Convention would be respected, i.e.,<strong>the</strong> right to maintain contact with <strong>the</strong> parents and <strong>the</strong> right to enter andleave a country for this purpose.<strong>The</strong> statement <strong>of</strong> a Roma man, today 23 years old, who was still a childat <strong>the</strong> time <strong>of</strong> <strong>the</strong> erasure reveals how severe a blow <strong>the</strong> erasure was for somechildren:I’ve been here for 23 years. I was born in 1985 in Ljubljana. I’m erased, <strong>the</strong>yerased me. I grew up here without parents. My parents are divorced. I never wentto school. Nobody helped me to enroll in school. I didn’t have even one document.A short while ago I applied for permanent residence. I’d like to learn <strong>the</strong> language.I spend all <strong>the</strong> time here in <strong>the</strong> neighborhood, we speak Yugoslav or Romany –that is our language. I speak only a little Slovenian. Could you help me to enroll

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