SLOVENIA

CCPR

RESERVATIONS AND DECLARATIONS

Note

The former Yugoslavia had signed and ratified the Covenant on 8 August 1967 and 2 June 1971, respectively. It will be recalled that the former Yugoslavia had deposited the following notifications under article 4(3) of the Covenant (Derogations), on the dates indicated hereinafter:

17 April 1989 (Dated 14 April 1989)

Derogation from articles 12 and 21 of the Covenant in the Autonomous Province of Kosovo as from 28 March 1989. The measure became necessary because of disorders which led to the loss of human lives and which had threatened the established social system. This situation which represented a general danger was a threat to the rights, freedoms and security of all the citizens of the Province regardless of nationality.

30 May 1989 (Dated 29 May 1989)

Termination of the derogation from the provisions of article 12 of the Covenant in the Autonomous Province of Kosovo as from 21 May 1989. The right of public assembly [article 21] continues to be temporarily suspended but only as concerns demonstrations. This is aimed at protecting public order, peace and the rights of citizens, regardless of nationality.

20 March 1990 (Dated 19 March 1990)

As of 21 February 1990 and owing to the escalation of disorders which had led to the loss of human lives, the movement of persons in Kosovo was prohibited from 9 PM to 4 AM, thereby derogating from article 12; and that public assembly was prohibited for the purpose of demonstration, thereby derogating from article 21. The Government of Yugoslavia further indicated that the measure derogating from article 12 had been terminated as of 10 March 1990.

26 April 1990 (Dated 24 April 1990)

Termination of the state of emergency with effect from 18 April 1990.

See also notes 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

            [Ed. note: Note 1 under Slovenia is as follows:

            Slovenia

            Note 1

In a letter dated 1 July 1992, received by the Secretary-General on the same date and accompanied by a list of multilateral treaties deposited with the Secretary-General, the Government of the Republic of Slovenia notified that:

"When declaring independence on 25 June, 1991 the Parliament of the Republic of Slovenia determined that international treaties which had been concluded by the SFRY [Socialist Federal Republic of Yugoslavia] and which related to the Republic of Slovenia remained effective on its territory (Article 3 of the Constitutional Law on the implementation of the Constitutional Charter on the Independence and Sovereignty of the Republic of Slovenia…).  This decision was taken in consideration of customary international law and of the fact that the Republic of Slovenia, as a former constituent part of the Yugoslav Federation, had granted its agreement to the ratification of the international treaties in accordance with the then valid constitutional provisions.

The Republic of Slovenia therefore in principle acknowledges the continuity of treaty rights and obligations under the international treaties concluded by the SFRY before 25 June 1991, but since it is likely that certain treaties may have lapsed by the date of independence of Slovenia or may be outdated, it seems essential that each treaty be subjected to legal examination.

The Government of the Republic of Slovenia has examined 55 multilateral treaties for which [the Secretary-General of the United Nations] …has assumed the depositary functions. …[T]he Republic of Slovenia considers to be bound by these treaties by virtue of succession to the SFR Yugoslavia in respect of the territory of the Republic of Slovenia…

Other treaties, for which the Secretary-General of the United Nations is the depositary and which had been ratified by the SFRY, have not yet been examined by the competent authorities of the Republic of Slovenia.  [The Government of the Republic of Slovenia] will inform [the Secretary-General] …on [its] …position concerning these treaties in due course."

See also “former Yugoslavia” in [the "Historical Information" section in the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx. For the text in bayefsky.com, see Reservations and Declarations, Yugoslavia].

For information on the treatment of treaty actions by predecessor States and successor States in the status tables, see Part C, "Status tables" of the "Introduction" to [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx]].

(Note 1, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

DECLARATION RE: ARTICLE 41

(Unless otherwise indicated, the declaration was made upon ratification, accession or succession)

“[T]he Republic of Slovenia, in accordance with article 41 of the said Covenant, recognizes the competence of the Human Rights Committee to receive and consider communications submitted by another State Party to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant.”