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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 69THE ERASURE AS A TESTING GROUND FOR EUROPEAN MIGRATION POLICIES69has established that <strong>the</strong> “erasure from <strong>the</strong> register <strong>of</strong> permanent residents andrefusal or invalidation <strong>of</strong> Slovenian citizenship […] in some cases led to de factostatelessness, although formally and legally this should not have happened becauseevery citizen <strong>of</strong> <strong>the</strong> SFRY had also citizenship <strong>of</strong> one <strong>of</strong> <strong>the</strong> former Yugoslavrepublics. However, in practice this legal fiction did not work, particularly not if aperson was born in <strong>the</strong> Republic <strong>of</strong> Slovenia and was <strong>the</strong>refore not entered into<strong>the</strong> register <strong>of</strong> births in ano<strong>the</strong>r republic <strong>of</strong> <strong>the</strong> former Yugoslavia” (Dedić 2003,55–56). That this is true is corroborated by erased people’s testimonies, regardless<strong>of</strong> <strong>the</strong>ir present place <strong>of</strong> residence. What happened was that <strong>the</strong>y were enteredin <strong>the</strong> Slovenian register <strong>of</strong> births as citizens <strong>of</strong> one or ano<strong>the</strong>r formerYugoslav republic, but <strong>the</strong> republics whose citizens <strong>the</strong>y were supposed to bewere not <strong>of</strong>ficially notified <strong>of</strong> <strong>the</strong>ir birth or existence. Consequently, when Yugoslaviadissolved, <strong>the</strong>y were not automatically included in <strong>the</strong> lists <strong>of</strong> citizens<strong>of</strong> <strong>the</strong> newly formed countries. “<strong>The</strong> problem <strong>of</strong> statelessness especially comesto light at <strong>the</strong> time when a country’s borders are changed and new countries areformed; stateless persons are <strong>the</strong> most vulnerable population group, becausewithout citizenship <strong>the</strong>y are left without legal identity, <strong>the</strong>y do not have citizenrights and freedoms and no diplomatic protection. Statelessness is a pheno -menon that is most frequent in those new countries where <strong>the</strong> ius sanguinisprinciple is <strong>the</strong> main criterion observed when granting citizenship, as in <strong>the</strong> successorstates to <strong>the</strong> former SFRY” (Dedić 2003, 38). Many post-socialist countriesthat were formed during <strong>the</strong> early 1990s granted citizenship on grounds <strong>of</strong>ethnic affiliation, in accordance with <strong>the</strong> ius sanguinis principle, which necessarilyproduced exclusion <strong>of</strong> population segments that did not fit into this newlyadopted approach to country formation.Some <strong>of</strong> <strong>the</strong> children who were made stateless, now already adults, laterhad (or still have!) unimaginable difficulties when <strong>the</strong>y applied for citizenship,particularly when <strong>the</strong>y came <strong>of</strong> age. As underage children, <strong>the</strong>y could obtain citi -zenship only through <strong>the</strong>ir parents or o<strong>the</strong>r ancestors, but this was not alwayspossible. It is also necessary to emphasize that statelessness was a problemencountered not only by <strong>the</strong> erased children, but also by children whose parentshad temporary residence in Slovenia before it became an independent country,or had no registered residence at all, and children born in Slovenia to erasedparents (see <strong>the</strong> chapter by Neža Kogovšek in this volume). As in all o<strong>the</strong>r areas,<strong>the</strong>re were certain deviations within this one as well, indicating a certain degree<strong>of</strong> arbitrariness in population categorization. Here we have in mind primarilythose families in which one child was granted Slovenian citizenship automatically,while <strong>the</strong> o<strong>the</strong>r child was made stateless.Securing citizenship, and particularly personal documents, <strong>the</strong>refore appearsto have been <strong>the</strong> primary problem encountered by <strong>the</strong> erased people. Aswe have indicated several times earlier, <strong>the</strong> situations <strong>of</strong> erased people were extremelyheterogeneous, because <strong>the</strong>y were co-shaped by <strong>the</strong>ir individual circumstances,by decisions <strong>the</strong>y took or had to take, and various external factors. We

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