"Erased". An answer to Franc Majcen
[ Risposta a Franc Majcen, iniziatore del referendum recentemente
tenutosi in Slovenia per formalizzare definitivamente la
discriminazione ai danni di 18mila persone: i cosiddetti
"cancellati"... ]
Dear Mister Majcen,
we absolutely disagree with your point of view.
The Yugoslav Army never attacked Slovenia. Quite on the contrary,
Slovenian separatists attacked the Yugoslav Army in order to secede
from the Federation. They did it with the malicious support of some
western countries, and against the own (Federal) Constitution, which
foresaw pacific procedures to grant "independence" to the "constitutive
Nations".
The attack by Slovenian separatists costed also the lives of several
young and innocent Slovenian soldiers within the Yugoslav Army.
SFRJ was not an "antidemocratic", neither an "antieuropean" nor a
"totalitarian" country. Those who abandoned brotherhood and unity are
the major responsibles for the bloodbath which followed Slovenian
"declaration of indipendence".
We would hope all "new independent Republics" from ex-RFSJ, and their
citizens, will live long in peace and prosperity; but we fear this
will be impossible. These are very small, weak countries, with no
economic and no politic power. You have now German investors on your
territory, and Italian military airplanes in you sky.
Is it really better now than before 1991?
National Coordination for Yugoslavia (Italy)
PS. The Balkans are within Europe, not outside; and Slovenia is within
both - has always been within, actually.
> Da: "majcenf"
> Data: Lun 24 Mag 2004 13:39:28 Europe/Rome
> A: crj-mailinglist-owner
> Oggetto:
>
> Lep pozdrav Franc Majcen
Respected Citizens !
I am Franc Majcen from Gornja Radgona. As initiator of threefold
signing of petition for call for referendum about “the erased” I wish
to present my view of the process of solving of this problem. Problem
that didn’t exist was created and oversized by the politics of ruling
elite which wants to create new voters regardless of the price paid by
Slovene citizens. Decisions which jeopardize social security of the
citizens is unacceptable because this Act is rehabilitating the
speculators which didn’t respect Slovene law. Now, under the disquise
of rectification of injustice they want to recognize retroactively the
rights to those who are not eligible to that rights. It is not
acceptable to recognize retroactively the rights to those who left
Slovenia and emigrated, but after they found out their mistake they
returned. To present the departure with aggressor Yugoslav Army as
prolongation of service with old employer is contrary to any logic of
lawfulness.
It is also important to know that members and supporters of Yugoslav
Army were (and still are) the core of antidemocratic and antieuropean
political movement. They were the enforcers of totalitarian regime and
in every sense the opposers of democratic movements in Slovenia.
In the first place the promoters of such Act should understand the
concept of permanent residence. Permanent residence is not a human
right but the right which is acquired by the individual upon fulfilment
of certain obligations. This rights can be revoked if the law is not
observed. Therefore all the talking about human rights in this case is
baseless.
The Law is written agreement of the rules of behaviour. This Act in
this procedure is not agreement but the enforcement of the mode of
solution of the parliamentary majority to the opposition minority. This
means that parliamentary majority is imposing its solution on the way
of offending the minority and labeling it as xenophobic because of
opposition’s legitimate remarks about the Act in itself and because of
desire to grant the rights to the people that are not eligible to it.
I am convinced that the Act is not rectifying the injustices but is
rehabilitating the specolators who didn’t respect Slovene Law. The most
disputable is the a ruling of Constitutional Court that demands the
reimbursment of the rights to everybody. The Constitutional Court has
the role of determining the unconstitutional content of acts and laws.
The legal solution in Law is by the principle of division of authority
in the hands of parliamment which in such cases should obtain wider
consensus and not enforcing solution to the minority.
It is unacceptable that the Law is granting retroactively the rights
to the people that didn’t respect obligations by the Constitutional Act
which accurately prescribed the settlement of the status, the terms and
timetable. The period of 6 months was prescribed for settlement of
citizenship. Additional 2 months were available to those who didnc´t
arrange any status even after 6 months. Despite 8 months period 10% of
the residents from other republics of former state didn’t settle their
status. The fact, that thousands of invitations to arrange the status
were mailed and returned to the Registrations Offices with remarks
“unknown recipient”, is solid ground for a claim that those people
departed and emigrated from Slovenia. Such departure of the country
without preliminary notice of departure is in Law regulated as
cessation of permanent residence. Regardless to this all who didn’t
arrange their status till 26th February, 1992 were moved from the
register of permanent residents to the register of foreigners without
status. Even after missed period, all those who actualy lived in the
country had a possibility to settle their status under somehow more
strict conditions provided by the Foreigners Act from 1991. Those
conditions are not in clash with 32nd article of the Constitution which
asserts that it is possible to forbid the entrance into the country to
the foreigner and to limit the duration of stay. It is inadmissible to
subsequenty apologize for not respecting the Law with excuse that it
was weak and unconstitutional. Unconstitutionality of the Act needs to
be proved. Until then it is obligatory to respect the Law as it is
regardless on how it’s content.
Very important is to know that The Foreigners Act 1991 was accepted and
was valid 6 months before the Constitution was brought into effect.
That means that Constitution was in effect 6 months after Foreigners
Act. So it is futile to hold Foreigners Act unconstitutional.
Appealing on the ignorance of the Law can not be the pretext for
violating the law. To trespass the prescribed period has the
consequence of lossing he rights. This fact should be known by some
Slovene lawyers who defend such poorly written Act as it is presented
to the parliament. Despite the fact that they have twice written the
law that was rejected by the Constitutional Court, they are still
confident in their infallibility. The period for application for
granting rights is ten times too long. In addition, the fact that this
application will be proceeded by the Interior Ministry is a reason to
worry about. By my opinion the applications would be more promptly
solved by Registration Ofiices which are more closely involved in
certain problems. Such remarks on behalf of ill-written Act are
strictly ignored.
The rights of an individual are limited by the rights of others.
Therefore a granting of rewards for disobedience of the law is contrary
to international and elementary law. Disrespect of the law is not
rewarded by any law and appealing to international institutions is a
bad kind of pretending an ignorance.
Entirely oposing to international law is the fact that representative
of “the erased” ,Mr. Krivic, participated in drafting and forming this
Law. Balkan way of solving the problems “prosecutor is also the judge”
is not acceptable for Europe where Slovenia is heading. Manipulation
with human rights and insulting with faschist titles is cheap seducing
of the public and creation of new voters regardless of the price to be
paid by the citizens of Slovenija in the case that proposed law come
into effect.
The decomposition of social order is not permissible by the
Constitution. Therefore the proposed solution is not acceptable in this
respect. Ignorance of the question of compensations is a special case.
How is it possible to promise a solution to be drafted after the amount
of compensations will be due to payment, if the amount is available
today taking into account the claims of the representative of “the
erased” of 150.000 SIT monthly for past 10 years? What is the reason of
firefighting after the house is burnt down?
Those facts should be taken into accont by the members of the
parliament and find the solution acceptable for Slovene citizens and
put it into the Constitutional Act. This is the only way to avoid
further politization of the problem and to avoid intolerance. If they
are aware that they are representatives of all citizens they must find
acceptable solution.
Thank You.
------------------
This is translation of interview with initiator of request for
referendum Franc Majcen for Vecer newspaper on 4th of October 2003.
Speculations didn’t succeed
Franc Majcen from Gornja Radgona has put in an application for
referendum on the case of “erased”, because he thinks that the “erased”
are to blame for their situation and now they want to get rich by
speculations.
------------------
Vecer newspapers : Mr. Majcen do you think that injustice happened to
“erased”?
Majcen : “I think of another question : why 190.000 people could arrang
their status and why those 18.000 didn’t do it ? I am convinced that
the major contribution came from their sense of superiority,
humiliating stance against Slovenian nation and belief that
independence movement will fail. This speculation didn’t succeed. I am
sure that in 99 percent they must blame themselves for their present
situation. Many of them left Slovenia together with Yugoslav army, then
they returned and started to lament about their fate.”
“Erased” truly didn’t appealed for citizenship, therefore they should
became foreigners with permanent residence as Chinese in Yugoslavia
became an foreigner in Slovenia.
“A Chinese had a valid documents but these people should start to
arrange their documents. This was obligation by law at that time. Why
didn’t they arrange their documents?”
Because they could not do it immediately. After “erasure” they should
temporarily reside for 8 years to get permanent residence. But to apply
for temporary residence you must leave Slovenia to foreign country
where you aply for permission and wait some years. Some commited
suicide because of harsh formal procedures.
Suicide is not related to “erasure” but to distress in which a man is
involved in certain moment. Slovenes also commit suicides.
Statistically it is clear that more Slovenes die of suicide than of
traffic accidents, but nobody asks why.
From your initiative for referendum it seems that you like to punish
all those that departed Slovenia with Yugoslav Peoples Army. But only
those who commits criminal offence can be punished.
This is not a punishment. Presidency of Slovenia issued repeatedly an
invitation to those people to join Teritorial Defence. Nobody was
forced, everyone left voluntarily. Those people left their families
because of their career.
How do you know why they left Slovenia?
This is widely known. They publicly threatened that they will return.
They had a chance to change sides but they refused. Those who left
speculeted that independence of Slovenia will not succeed. They were
convinced that they will victoriously come back. Now these people
request monetary compensation from Slovenia.
Do you know that among “erased” there are members of Teritorial Defence?
I say that to those who experienced injustice there should be
recognition of injustice, but not to those who speculate. There is
certainly an injustice in the case of members of Teritorial Defence.
But that is not the case for those who left Slovenia because of career.
What kind of moral did they have to leave the family if they were
afraid?
Probably you can’t know what did they mean. For this reason we have a
law which says that we can punish people for what they do notfor what
they think. Even if they were against independence and they thought
that independence will fail, this is not a reason for canceling of
permanent residence.
The Constitution itself prohibits the spreading of hatred and calling
for war. This is what they violated with their military actions. The
canceling of permanent residence is not punishment. This is legal
consequence of their departure. The foreigner which moves out –
Yugoslav army moved out – must report this to competent authority, else
the permanent residence ceases. Why didn’t they report?
Because they didn’t want to leave, they wanted to stay.
If they wanted to return they should report departure by current law.
But they speculated, they knew very well for all the consequences.
Billions of dollars worth of material, weapons and everything possible
they removed from Slovenia, now they want to get compensations. What is
the logic of that? Let them request the compensations from those to
whom they gave all that wealth.
But this was done by army, ordinary soldiers are not responsible for
that.
In Slovenia the Yugoslav army disintegrated and capitulated. Nobody had
any authority to influence those soldiers. Yugoslav army coldn’t exert
any influence because it capitulated. They left voluntarily.
Borut Mekina
-------------
[ Risposta a Franc Majcen, iniziatore del referendum recentemente
tenutosi in Slovenia per formalizzare definitivamente la
discriminazione ai danni di 18mila persone: i cosiddetti
"cancellati"... ]
Dear Mister Majcen,
we absolutely disagree with your point of view.
The Yugoslav Army never attacked Slovenia. Quite on the contrary,
Slovenian separatists attacked the Yugoslav Army in order to secede
from the Federation. They did it with the malicious support of some
western countries, and against the own (Federal) Constitution, which
foresaw pacific procedures to grant "independence" to the "constitutive
Nations".
The attack by Slovenian separatists costed also the lives of several
young and innocent Slovenian soldiers within the Yugoslav Army.
SFRJ was not an "antidemocratic", neither an "antieuropean" nor a
"totalitarian" country. Those who abandoned brotherhood and unity are
the major responsibles for the bloodbath which followed Slovenian
"declaration of indipendence".
We would hope all "new independent Republics" from ex-RFSJ, and their
citizens, will live long in peace and prosperity; but we fear this
will be impossible. These are very small, weak countries, with no
economic and no politic power. You have now German investors on your
territory, and Italian military airplanes in you sky.
Is it really better now than before 1991?
National Coordination for Yugoslavia (Italy)
PS. The Balkans are within Europe, not outside; and Slovenia is within
both - has always been within, actually.
> Da: "majcenf"
> Data: Lun 24 Mag 2004 13:39:28 Europe/Rome
> A: crj-mailinglist-owner
> Oggetto:
>
> Lep pozdrav Franc Majcen
Respected Citizens !
I am Franc Majcen from Gornja Radgona. As initiator of threefold
signing of petition for call for referendum about “the erased” I wish
to present my view of the process of solving of this problem. Problem
that didn’t exist was created and oversized by the politics of ruling
elite which wants to create new voters regardless of the price paid by
Slovene citizens. Decisions which jeopardize social security of the
citizens is unacceptable because this Act is rehabilitating the
speculators which didn’t respect Slovene law. Now, under the disquise
of rectification of injustice they want to recognize retroactively the
rights to those who are not eligible to that rights. It is not
acceptable to recognize retroactively the rights to those who left
Slovenia and emigrated, but after they found out their mistake they
returned. To present the departure with aggressor Yugoslav Army as
prolongation of service with old employer is contrary to any logic of
lawfulness.
It is also important to know that members and supporters of Yugoslav
Army were (and still are) the core of antidemocratic and antieuropean
political movement. They were the enforcers of totalitarian regime and
in every sense the opposers of democratic movements in Slovenia.
In the first place the promoters of such Act should understand the
concept of permanent residence. Permanent residence is not a human
right but the right which is acquired by the individual upon fulfilment
of certain obligations. This rights can be revoked if the law is not
observed. Therefore all the talking about human rights in this case is
baseless.
The Law is written agreement of the rules of behaviour. This Act in
this procedure is not agreement but the enforcement of the mode of
solution of the parliamentary majority to the opposition minority. This
means that parliamentary majority is imposing its solution on the way
of offending the minority and labeling it as xenophobic because of
opposition’s legitimate remarks about the Act in itself and because of
desire to grant the rights to the people that are not eligible to it.
I am convinced that the Act is not rectifying the injustices but is
rehabilitating the specolators who didn’t respect Slovene Law. The most
disputable is the a ruling of Constitutional Court that demands the
reimbursment of the rights to everybody. The Constitutional Court has
the role of determining the unconstitutional content of acts and laws.
The legal solution in Law is by the principle of division of authority
in the hands of parliamment which in such cases should obtain wider
consensus and not enforcing solution to the minority.
It is unacceptable that the Law is granting retroactively the rights
to the people that didn’t respect obligations by the Constitutional Act
which accurately prescribed the settlement of the status, the terms and
timetable. The period of 6 months was prescribed for settlement of
citizenship. Additional 2 months were available to those who didnc´t
arrange any status even after 6 months. Despite 8 months period 10% of
the residents from other republics of former state didn’t settle their
status. The fact, that thousands of invitations to arrange the status
were mailed and returned to the Registrations Offices with remarks
“unknown recipient”, is solid ground for a claim that those people
departed and emigrated from Slovenia. Such departure of the country
without preliminary notice of departure is in Law regulated as
cessation of permanent residence. Regardless to this all who didn’t
arrange their status till 26th February, 1992 were moved from the
register of permanent residents to the register of foreigners without
status. Even after missed period, all those who actualy lived in the
country had a possibility to settle their status under somehow more
strict conditions provided by the Foreigners Act from 1991. Those
conditions are not in clash with 32nd article of the Constitution which
asserts that it is possible to forbid the entrance into the country to
the foreigner and to limit the duration of stay. It is inadmissible to
subsequenty apologize for not respecting the Law with excuse that it
was weak and unconstitutional. Unconstitutionality of the Act needs to
be proved. Until then it is obligatory to respect the Law as it is
regardless on how it’s content.
Very important is to know that The Foreigners Act 1991 was accepted and
was valid 6 months before the Constitution was brought into effect.
That means that Constitution was in effect 6 months after Foreigners
Act. So it is futile to hold Foreigners Act unconstitutional.
Appealing on the ignorance of the Law can not be the pretext for
violating the law. To trespass the prescribed period has the
consequence of lossing he rights. This fact should be known by some
Slovene lawyers who defend such poorly written Act as it is presented
to the parliament. Despite the fact that they have twice written the
law that was rejected by the Constitutional Court, they are still
confident in their infallibility. The period for application for
granting rights is ten times too long. In addition, the fact that this
application will be proceeded by the Interior Ministry is a reason to
worry about. By my opinion the applications would be more promptly
solved by Registration Ofiices which are more closely involved in
certain problems. Such remarks on behalf of ill-written Act are
strictly ignored.
The rights of an individual are limited by the rights of others.
Therefore a granting of rewards for disobedience of the law is contrary
to international and elementary law. Disrespect of the law is not
rewarded by any law and appealing to international institutions is a
bad kind of pretending an ignorance.
Entirely oposing to international law is the fact that representative
of “the erased” ,Mr. Krivic, participated in drafting and forming this
Law. Balkan way of solving the problems “prosecutor is also the judge”
is not acceptable for Europe where Slovenia is heading. Manipulation
with human rights and insulting with faschist titles is cheap seducing
of the public and creation of new voters regardless of the price to be
paid by the citizens of Slovenija in the case that proposed law come
into effect.
The decomposition of social order is not permissible by the
Constitution. Therefore the proposed solution is not acceptable in this
respect. Ignorance of the question of compensations is a special case.
How is it possible to promise a solution to be drafted after the amount
of compensations will be due to payment, if the amount is available
today taking into account the claims of the representative of “the
erased” of 150.000 SIT monthly for past 10 years? What is the reason of
firefighting after the house is burnt down?
Those facts should be taken into accont by the members of the
parliament and find the solution acceptable for Slovene citizens and
put it into the Constitutional Act. This is the only way to avoid
further politization of the problem and to avoid intolerance. If they
are aware that they are representatives of all citizens they must find
acceptable solution.
Thank You.
------------------
This is translation of interview with initiator of request for
referendum Franc Majcen for Vecer newspaper on 4th of October 2003.
Speculations didn’t succeed
Franc Majcen from Gornja Radgona has put in an application for
referendum on the case of “erased”, because he thinks that the “erased”
are to blame for their situation and now they want to get rich by
speculations.
------------------
Vecer newspapers : Mr. Majcen do you think that injustice happened to
“erased”?
Majcen : “I think of another question : why 190.000 people could arrang
their status and why those 18.000 didn’t do it ? I am convinced that
the major contribution came from their sense of superiority,
humiliating stance against Slovenian nation and belief that
independence movement will fail. This speculation didn’t succeed. I am
sure that in 99 percent they must blame themselves for their present
situation. Many of them left Slovenia together with Yugoslav army, then
they returned and started to lament about their fate.”
“Erased” truly didn’t appealed for citizenship, therefore they should
became foreigners with permanent residence as Chinese in Yugoslavia
became an foreigner in Slovenia.
“A Chinese had a valid documents but these people should start to
arrange their documents. This was obligation by law at that time. Why
didn’t they arrange their documents?”
Because they could not do it immediately. After “erasure” they should
temporarily reside for 8 years to get permanent residence. But to apply
for temporary residence you must leave Slovenia to foreign country
where you aply for permission and wait some years. Some commited
suicide because of harsh formal procedures.
Suicide is not related to “erasure” but to distress in which a man is
involved in certain moment. Slovenes also commit suicides.
Statistically it is clear that more Slovenes die of suicide than of
traffic accidents, but nobody asks why.
From your initiative for referendum it seems that you like to punish
all those that departed Slovenia with Yugoslav Peoples Army. But only
those who commits criminal offence can be punished.
This is not a punishment. Presidency of Slovenia issued repeatedly an
invitation to those people to join Teritorial Defence. Nobody was
forced, everyone left voluntarily. Those people left their families
because of their career.
How do you know why they left Slovenia?
This is widely known. They publicly threatened that they will return.
They had a chance to change sides but they refused. Those who left
speculeted that independence of Slovenia will not succeed. They were
convinced that they will victoriously come back. Now these people
request monetary compensation from Slovenia.
Do you know that among “erased” there are members of Teritorial Defence?
I say that to those who experienced injustice there should be
recognition of injustice, but not to those who speculate. There is
certainly an injustice in the case of members of Teritorial Defence.
But that is not the case for those who left Slovenia because of career.
What kind of moral did they have to leave the family if they were
afraid?
Probably you can’t know what did they mean. For this reason we have a
law which says that we can punish people for what they do notfor what
they think. Even if they were against independence and they thought
that independence will fail, this is not a reason for canceling of
permanent residence.
The Constitution itself prohibits the spreading of hatred and calling
for war. This is what they violated with their military actions. The
canceling of permanent residence is not punishment. This is legal
consequence of their departure. The foreigner which moves out –
Yugoslav army moved out – must report this to competent authority, else
the permanent residence ceases. Why didn’t they report?
Because they didn’t want to leave, they wanted to stay.
If they wanted to return they should report departure by current law.
But they speculated, they knew very well for all the consequences.
Billions of dollars worth of material, weapons and everything possible
they removed from Slovenia, now they want to get compensations. What is
the logic of that? Let them request the compensations from those to
whom they gave all that wealth.
But this was done by army, ordinary soldiers are not responsible for
that.
In Slovenia the Yugoslav army disintegrated and capitulated. Nobody had
any authority to influence those soldiers. Yugoslav army coldn’t exert
any influence because it capitulated. They left voluntarily.
Borut Mekina
-------------