The Erased: Either Pay Up Or Close The Shop

While the world watches in amazement at how the USA yet again managed to do the right thing at the right time and saw their Supreme Court uphold the Obamacare, this sorry little excuse for a country has seen a right thing done. But, sadly, others had to do it for us.


(source)

Namely, the Grand Chamber of the European Court of Human Rights (that is to say, on the appellate level) on Tuesday ruled in the case of Kurić et al. vs Slovenia. The eihgt plaintiffs were among the 25.000 Erased and the court ruled that six of them are entitled to EUR 20,000 compensation for “non-material damages”. Furthermore, the court instructed Slovenia to set up a compensation scheme for everyone who was unlawfully stricken from the “permanent resident database” in 1992 within a year lest the court will award damages for all remaining individuals. With this, twenty years almost to a day, a final chapter in what is arguably the single largest violation of human rights in the democratic history of this country is being written.

Symbolic damages

The damages awarded are symbolic at best. 20k euros may seem a lot, especially if received as a lump sum. But think of it this way. It took more than ten years (and numerous decisions by the Slovene constitutional court, most of which were simply ignored) for this country to recognise that “administrative removal” was legally and morally wrong. As the government of Tone Rop was nearing sunset, interior minister Rado Bohinc made a half-hearted attempt at solving the issue, but got nowhere, because he wanted to both have the cake (fix the status of the Erased) and eat it (keep face, minimize the number of people eligible and appease the right-wing). It didn’t work. The law in question was put to a referendum, where it was summarily struck down on the back of a fiercely xenophobic campaign. Little wonder, as it was an election year.

It took five or six more years for the government of Borut Pahor – specifically, interior minister Katarina Kresal – to really start righting the wrong. And she did. With plenty of help from her state secretary Goran Klemenčič (now head of the anti-corruption commission) and, ultimately, by the landmark decision of the constitutional court to refuse another referendum on the issue in 2010.

And today, after twenty years of being denied “official existence”, not being able to get a work permit, be eligible for health- and pension-insurance, these people (for we are talking about human beings) are awarded 20,000 euros. Thousand euros per year. Or about as much as your average MP makes in a week. So yes, the damages are purely symbolic.

That, however, did not prevent most of the right wing to cry murder. Even more: at first they denied the issue, then claimed that these people were “aggressors, members and sympathisers of the JNA who were erased and serve them right” (rings a bell, no) and finally, when the reality of what had been done to these people was too ominous to ignore, they wanted to pre-emptively prevent them being liable for compensation. Again, a familiar tactic.

Might as well close the shop

Which is why it came as no surprise (but was still appalling to watch) as PM Janez Janša yesterday said this country does not have the funds to compensate the Erased. It is absolutely degrading and distasteful to think of human rights in terms of whether or not one can afford them. If we can not, or – even worse – if human rights are extended only to those who can afford them, then something really is rotten in the state of Slovenia. For no country is worthy of its name if it can not come to (financial) terms with the fact that human rights of a specific group of individuals were systematically trampled on for two decades all the while the country in question claimed to respect and uphold the basic principle of respecting fellow man.

True, there are many cases of people having to go through living hell even today. Workers whose social security was not being paid by the companies they work(ed) for. People, who have to wait ages to have their cases ruled upon or even heard at a court of law. Roma people. Single parents. The LGBT community. You name them. But the case of the Erased stands out due to the systematic approach this country took when making them a “non-entity” and by the collective (governmental) denial of the act happening in the first place.

On the other hand, there is a special para-state fund this country has which has a stake in many a state-owned company and was established specifically with the aim of making money to compensate victims of other persecutions, be it by the Socialist regime, civilian victims or war violence or those whose property was nationalised after WWII whose claims to compensation the state in principle recognised to be valid.

PM Janša said that he has no idea how Slovenia will pay for the damages as it hasn’t got enough money to cover its basic needs. Well, here’s a newsflash. Human rights are a basic need of people living in a democratic society. Simple as that. Otherwise we might as well close the shop and call it quits.

 

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How To Lose Voters And Alienate People

As pengovsky noted yesterday, Gregor Virant is more or less a political corpse, he just doesn’t know it yet. How so, one might ask, if the man is the president of the parliament (nominally the second most senior position in the country) and was the potential king-maker in Zoran Janković‘s PM bid. In short, the man is on top of his game. What could possibly go wrong?


I know it’s a good film. I just couldn’t resist…

In fact, everything that could go wrong, already did. Virant made every error in the book and the fact that he finds himself presiding the parliament is more a result of chance than of a carefully executed plan. Leader of the Gregor Virant Citizens’ List (DLGV) came to the forefront seemingly out of nowhere at the beginning of the election campaign and stole quite a bit of limelight from the eventual winner of the elections Zoran Janković. Previously of Janez Janša‘s SDS Virant went solo, apparently due to mounting discord with Janša, who – as proven time and again – does not tolerate independent-minded individuals within his inner circle for long. In short, he had plenty of political capital to fool around with. And then he went and blew it all (almost) at once.

Item 1: Money. ‘Nuff said.

Item 2: Playing both ends against the middle. You don’t negotiate with both main contenders at once the same time, especially not if they’re political and ideological opposites. This is not the Cold War and you’re not Tito, Naser and Nehru combined.

Item 3: Backstabbing. When you negotiate, you do it in good faith. You don’t piss in your potential partner’s pool, even if it means you end up being president of the parliament.

Item 4: Jumping ship. You better have a good excuse. Saying that the other side wasn’t serious about it when you all but closed the deal is a sorry-ass excuse. Also, saying at first that Janković is “dictating terms rather than negotiating, hence no deal” and then saying that “he’ll agree to just about anything, hence no deal” is just pitiful.

Item 5: Janez Janša. Virant got points for splintering from Janša. By rejoining him only a couple of months later, he’ll be making a lot of his supporters unhappy. Also, by following Janša and applying the same scare tactic on his MPs (instructing them not to pick up ballots for the secret PM vote), he is turning out to be just a bleached copy of his former party boss. And no-one likes unoriginal people.

Item 6: No more kingmaker. By allying himself with Janša, Virant lost his political sex-appeal as kingmaker. This role now yet again belongs to Karl Erjavec (oh, the irony!) just as it did in 2004. As a result, Erjavec is in a much better position to dicatate terms to Janša than Virant.

Item 7: Reality check. If by any chance Virant contemplates playing hard-ball against Janša as well, he’ll end up alienating both centre- and right-wing of his base, not to mention losing whatever friends he has left in the parliament.

Item 8: Public opinion. In a recent poll by Delo newspaper, 25% of voters blamed Virant for the political stalemate. 27% blamed Janez Janša. And that was before he jumped ship on Janković and way before the vote yesterday.

A lot of people were surprised how fast Zares of Gregor Golobič and LDS of Katarina Kresal went down the drain in opinion polls in the previous term. Virant’s DLGV is well poised to achieve a new speed record in that department.

And it would be a shame, really.

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Slovenian Elections: Last Call

So, this is it. Election silence commences tonight at midnight and it’s hight time pengovsky wraps things up. This is why today’s tittage was rescheduled but tune in tomorrow (hint, hint :mrgree: ). Virtually all polls predict a decisive victory by Janez Janša‘s Slovene Democratic Party, with Zoran Janković‘s Positive Slovenia coming in second with about 10 percent gap. Further down the ladder, Borut Pahor‘s Social Democrats seem poised to finish third, ahead of Gregor Virant‘s Citizens List.


Poll numbers over the course of the campaign (see note at the bottom)

There are a couple of ways to look at this campaign. First, the fact that Top Four were reduced to Top Three. Gregor Virant crashed and burned early in the game and his Allowancegate was a gift that kept on giving, cutting him down from almost 20% to single digits. He just wasn’t up to it and went from bad to worse, not being able to stop digging even though he was in a deep hole already. In contrast, neither Zoran Janković nor Janez Janša did a particularly good job at explaining discrepancies in their financial and real estate reports but seem to have suffered very little in the polls (until today, that is). This can to an extent be explained by the fact that their voters are rather devoted to their respective political leader, but more likely it has to do with their fierce refusal to admit to have done anything wrong, even though Janković failed to declare a small part of his real estate to the anti-corruption commission (as in: did not tell he owns the wood). Also, he was anything but quick on his feet to disclose his financial obligations, but in the end did just that.

His main opponent, however, got into a lot of hot water demanding everyone else discloses their accounts and property, but then dragged his feet doing so himself. In fact, just before yesterday’s debate on POP TV his party claimed that their scanner broke down. Now that SDS and scanners don’t mix was well demonstrated in the case of creative photocopying and sure enough it turned out that this time too not everything was fine and dandy with Janša’s documents. The whole thing was revolving around how the SDS leader bought, sold and managed his real estate and it turned out that the initial contract, where he sold his existing property and bought an elite apartment in Ljubljana is fishy, with the buyer (a construction company which won many government contracts including construction of defence ministry building during Janša’s days at the ministry) being overly generous to the point of making economically unsound decisions. Re

But today, Mladina weekly, which is conducting a tracking poll over the last week, detected a marked drop in SDS’ ratings, virtually unchanged result for Janković and a rise for Social Democrats. According to this Janković is trailing Janša by only 3,6 percent. And that means that a lot of people will have a nervous 44 hour-wait.

Looking at it from another point of view, a few permanent fixtures are on the brink of dropping out of the parliament. LDS and Zares are registering low single digit percentage points and their only saving grace can be the fact that with such low numbers the margin of error is relatively huge and that it is possible that their voters are simply not detected. We’ll know for sure come Sunday. But even if both parties drop out, this will not last. Just as with Christian Democratic NSi of Ljudmila Novak, which dropped out in 2008 and looks poised to make it back, the (social-) liberal option has its rightful place in the parliament and when the pendulum swings the other way, they will most likely make it back over the 4%. But they are trying very hard to prevent dropping out in the first place. Zares of Gregor Golobič is throwing everything it has into the field (literally, they’re running a grass-roots campaign) while LDS of Katarina Kresal is beating the human-rights drum, reminding people of the 2004-2008 Janša government.

Another point of view is the dichotomy between fluff and stuff. There were some platform points that stood out: emergency financial legislation, TEŠ 6, pension and labour market reforms, some notable successes of the outgoing government (Arbitration Agreement, rectifying the issue of the Erased, Family Code, although pending a decision of the constitutional court) and so on. On the other hand, this was probably one of the most vicious, brutal and personal campaigns in recent history. Families were dragged through the mud, wives were interviewed standing next to their husbands during a debate, names were called and ad hominem attacks were the norm, especially by rank-and-file members. As per usual, journalists (yours truly included) were not spared.

But perhaps the single most defining moment of this campaign was emergence of social media as an important tool in the campaign. For the first time campaign-related tweets were published in near real time during debates (on POP TV) and the inflation of politicians, their supporters and fake accounts generated to create the necessary buzz and hate speech was – well – admirable (in a perverse sort of way). Also, social media – Twitter in particular – offered a rare insight into the campaign mindset. 140 characters are just enough to get the message across without too much spin and one could see how some politicians who usually act normally (even though they might not agree with you) went positively bananas, denouncing everyone who didn’t dance to their tune. God forbid someone actually pointed out basic flaws in their politics. On the other hand some politicians embraced Twitter and are actually using it to broaden the scope of the immediate debate. Then, of course, are also those who block other users to keep a neat and embarrassment-free timeline.

At any rate, the run is over, pengovsky decided on his vote long before the campaign began and all that’s left to do is to go out and vote. Whoever wins will probably go belly-up (politically speaking)relatively soon as the clusterfuck this country and this continent are headed into is worse than anything this generation has ever seen. We’ll probably have another elections in 2014. Provided there will be anything left to vote on.

So, tune in tomorrow for a generous helping of Friday Foxies and expect exit poll results on Sunday, some time after 7 pm local.

N.B.: Graph data is compiled from different polls with different sets of questions and different samples, so it is not directly comparable from a scientific point of view. Data still available as .xls file for download.

P.S.: Commenting is closed for this one until Sunday evening, but you can still place trackbacks and pingbacks to this pots.

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The Real Slim Shady – Slovenian Elections Edition

Ah well, it’s that time of the year, I guess 😀 After the hugely successful Primary Colours and its follow up, the Top Gun, pengovsky gives you yet another round-up of the political movers and shakers. Most of them you already know, a couple of them are new kids on the block. But at any rate, this should be at least mildly entertaining. Hope you like!

The Real Slim Shady – Slovenian Elections Editions from pengovsky on Vimeo.

Naturally, credits, where credits are due: Original videos are the work of their respective authors and/or entities including SDS, SD, LDS, Zares, Vest.si and Idea TV. Songs on the other hand you know, but still: Real Slim Shady (Eminem), U Can’t Touch This (MC Hammer), Money (Pink Floyd), Pass the Dutchie (Musical Youth), Ice Ice Baby (Vanilla Ice), Always Look On the Bright Side of Life (Monty Python), I Will Survive (Gloria Gaynor), YMCA (Village People), Last Christmas (Wham) and Mah Na Mah Na (The Muppet Show version).

And on Tuesday, back to number crunching 🙂

Slovenian Elections: Amateur Night

New polls for your viewing pleasure and boy, are they interesting. To be honest, the most interesting is the last one, published yesterday (this post should have been dated 15 November 2011) which shows Gregor Virant dropping staggering ten percent. Remember how pengovsky wrote that Virant is running on fluff and how he will probably go down once his spell on the media is broken? Well, the honeymoon is over and the polls’ runner-up is tanking, all of it on account of his faux pas regarding his income in 2009.


Politics 101: When you’re in deep trouble, say nothing and try to be cool

What happened was that the media – as per usual – went over tax returns of various party leaders and stumbled over Virant’s earnings in two-oh-nine, the year after Janša’s government was ousted in 2008 elections. As you’ll remember, Virant was Janša’s high-octane minister of public administration and after the change in government he became eligible for the so-called ‘ministerial compensation’, monies more or less equalling his basic ministerial salary but without bonuses. While perfectly legal, this compensation is one of the most controversial perks in the system. Originally envisaged to ease the return of ministers and MPs into their normal lives upon leaving their post (i.e. finding a job) it was and still is widely abused, mostly in the form of ministers and MPs being ‘unable’ to find a job. Miraculously, most of them found a job (or retired) only days after their year-long-perk expired. So did Virant. His problem turned out to be the fact that in addition to 66,000 euro compensation, he earned some 95,000 euro in consulting and lectures.

Whoops!

Media smelled blood and Virant held his ground only a day or so. During Thursday’s debate he maintained that he only took what the law provided for. Additionally, he shot himself in the knee saying that he took the money to make it up to his family. Which was not a very brilliant piece of political improv and it only got worse. Friday and Saturday saw Virant on an ill-conceived damage control operation where he promised to return the difference between taxed paid on his consulting and lectures earnings and the net compensation income (some 36k euro after taxes), the difference amounting to exactly 1285 euro. At which point all hell broke loose with people generally saying that Virant is taking everyone for fools if he thinks he can get away with it by giving back 1,2k. It was not a good weekend for the prospective prime minister.


Note Virant tanking in the last poll

Come Monday, Virant announced on a press conference that he will be returning 18,777 euros, a sum which includes social and health insurance paid for from the compensation income (i.e. by the taxpayers). And this probably finished him off. By returning part of the money, Virant admitted that it was not all right to take the money in the first place (which was his initial position) and if it wasn’t all right, why didn’t he give back the entire 66k? Also, Virant said that he gave the money back (technically this took the form of a donation to the state budget) by taking out a loan at the bank. Again, a fuckup. He decided on the ammount returned no earlier than Sunday. So on Monday morning he just walks into a bank and takes out an 18k loan, at a time when banks are not really in the mood of lending money. And even when they were granting loans left and right, it took at least a day or so to do the paperwork. So, what kind of a collateral did Virant put up to walk out of the bank the very same day with a loan that would buy him a mid-size car?

As you can see it just keeps getting worse and worse and come next Monday, Virant will probably be landing very hard at the lower end of the two-digit score. He would have done better to stick to the original position and take flak over that. He’d come across as a pompous bastard, but he wouldn’t be on the run. Now he’s bleeding support, media and his opponents smell blood and he came across looking like an amateur. Or, as the good doctor put it: when you’re in a hole, stop digging!

While we’re on the subject

Speaking of amateurs, TRS party screwed up in voting unit 3 (West Ljubljana and surrounding areas) because their list of candidates did not have the correct male/female ratio. As a result the entire candidate list in this voting unit got thrown out, while TRS – which among smaller parties fared noticeably well – will not be taking part in the debates on the national television (only parties with candidates in all eight voting units get to do that). And last but certainly not least, LDS of Katarina Kresal was under the spotlight for some minor cockups when filing their list of candidates in voting unit 3. There were some identity issues as to who is seconding the list and who is filing it with the electoral commission, but the problem seems to have been solved by this evening.

In other news…

State television held its first debate this evening and there were quite a few good punches thrown. It seemed that leaders of the smaller parties were especially well prepared and motivated and on general they made good use of the opportunity. We’ll see what new polls will bring in this respect, but for now let me just present you with the average numbers of all the polls to date.

N.B.: Data is compiled from different polls with different sets of questions and different samples, so it is not directly comparable from a scientific point of view. Data still available as .xls file for download.

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