A/66/44
(c)
Improving the identification of victims of trafficking and providing them
with appropriate rehabilitation programmes, genuine access to health care and
counselling, and institutionalizing such services.
Asylum and non-refoulement
(17) Notwithstanding article 51 of the Aliens Act on non-refoulement, the Committee
remains concerned that the new Law on International Protection which regulates asylum
and asylum-related matters, does not contain a clause on non-refoulement, where there are
substantial grounds for believing that, if expelled, returned or extradited to another State, a
person would be in danger of being subjected to torture. It is also concerned about the
length and uncertainties related to the refugee status determination process (art. 3).
The State party should:
(a)
Ensure that the principle of non-refoulement is established in all
legislative acts that regulate asylum or asylum-related matters, including the
procedures for subsidiary protection concerning vulnerable groups, in particular
victims of trafficking;
(b)
Ensure procedural safeguards against refoulement and effective
remedies with respect to refoulement claims in removal proceedings, including review
by an independent judicial body concerning rejections;
(c)
Ensure that persons whose applications for asylum have been rejected
have the right to lodge an effective appeal with the effect of suspending the execution
of the decision on the expulsion or deportation; and
(d)
Amend the Law on International Protection so that it reflects the
principles and criteria established in international refugee law and human rights
standards, especially the 1951 Convention relating to the Status of Refugees and its
Protocol of 1967.
(18) While noting the legislative measures taken to amend the Act Regulating the Legal
Status of Citizens of Former Socialist Federal Republic of Yugoslavia Living in the
Republic of Slovenia in order to remedy the provisions that were found to be
unconstitutional, the Committee remains concerned that the State party failed to enforce the
Act and to restore the residency rights of persons, known as the “erased”, originating from
other Yugoslav republics whose permanent residence in Slovenia was unlawfully revoked
in 1992 and already returned to other republics of Former Socialist Republic of Yugoslavia.
The Committee is concerned that the discrimination against the so-called “erased” persons,
including against those who belong to Roma community, is persistent (arts. 3 and 16).
In light of its general comment No. 2 (2008) on implementation of article 2 by States
parties, the Committee recalls the special protection of certain minorities or
marginalized individuals or groups especially at risk is part of the State party’s
obligations under the Convention. In this respect, the Committee recommends that
the State party takes measures to restore the permanent resident status of the socalled “erased” persons who were returned to other States in Former Socialist Federal
Republic of Yugoslavia. The Committee also encourages the State party to facilitate
the full integration of the “erased” persons, including of those who belong to Roma
communities and guarantee them with fair procedures for application for citizenship.
Redress, including compensation and rehabilitation
(19) The Committee regrets that no information has been provided on any redress
provided to victims of an act of torture and ill-treatment by the State party (arts. 14 and 16).
122
GE.11-45568
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