20th anniversary of the entry into force of the Agreement on Succession Issues
The Agreement on Succession Issues was signed in Vienna on 29 June 2001 and entered into force almost three years later, on 2 June 2004, 30 days after Croatia, as the last successor state, notified the United Nations (UN) Secretary-General, as the depositary of the Agreement, that it had completed the ratification process.
The main objective of the Agreement is to regulate, in accordance with international law, the mutual rights and obligations of the five successor states with regard to issues of succession to the former common state. The Agreement is the only valid international legal instrument dealing with most of the issues related to the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY) and has been ratified by all successor states to the former SFRY. As such, it provides a solid basis for the regulation of mutual rights and obligations related to succession.
As Minister Fajon underlined, the main purpose of the efforts to settle succession issues is not to obtain additional material benefits for each successor state, but rather to recognise that the implementation of the arrangements and the fulfilment of the Agreement in good faith are integral parts of the rule of law, which is very important for Slovenia.
Slovenia is also working towards the full implementation of the Agreement on Succession Issues in the context of the enlargement of the European Union to the Western Balkans. Without settling the outstanding issues of the past, it is not possible to ensure a solid basis for coexistence and constructive cooperation of the successor countries in the European Union. Resolving these issues is therefore one of the first steps on the road to enlargement.
Achievements of the Agreement on Succession Issues
Alongside all these broader objectives of Slovenia's efforts to finally resolve the outstanding succession issues, which is why it is often critical of these efforts and points to the slow implementation of the Agreement, the concrete achievements are nevertheless significant:
Under the Agreement, Slovenia has taken ownership of all immovable and movable property of the former SFRY located on the territory of Slovenia at the time when Slovenia became independent. Slovenia owns 14% of the value of the immovable property of the diplomatic missions and consular posts of the former SFRY abroad and has already taken over 13 properties in different regions of the world and an equal share in the purchase prices of five properties sold by the successor countries, which amounts to almost EUR 12 million of the Ministry's financial resources for the maintenance and acquisition of real estate for Slovenia's diplomatic and consular network abroad. Slovenia has also taken over more than 230 works of art by Slovenian artists that were housed in diplomatic missions and consular posts. They are now used by the Ministry of Foreign and European Affairs for its own needs. Slovenia has also acquired 16% of the available financial assets of the former SFRY, amounting to around EUR 220 million. It is also important from the point of view of the competences of the Ministry of Foreign and European Affairs that, in accordance with the Agreement, Slovenia took over from the Diplomatic Archives in Belgrade more than 100 original international treaties of which the SFRY was the depositary and which relate exclusively to the territory of Slovenia. Under the Agreement, Slovenia took possession of 13 original recordings of Slovenian feature films which had been handed over to the Yugoslav Cinematheque in Belgrade for safekeeping in 1968. Under a special bilateral agreement, Slovenia paid for the storage of the films.
It should also be noted that some important financial succession issues, in particular those relating to the distribution of the debts of the former common state, were resolved by special arrangements before the entry into force of the Agreement on Succession Issues.
"The settlement of outstanding succession issues remains an integral part of Slovenia's foreign policy priorities. As we work today to resolve them, we are well aware that this requires political will. We are also aware that resolving the issues of the past makes it possible to build a better future," said Minister Fajon.
Slovenia’s efforts to fully implement the Agreement
In this spirit, Slovenia will continue to promote the full implementation of the Agreement, paying particular attention to the issue of the succession of cultural heritage objects, including the succession of archives. Free and unhindered access to all archives of the former common state must be definitively ensured, supported by the solutions offered by modern technology, i.e. the digitisation of archival material constituting the common heritage. Slovenia will also continue its activities in the area of the distribution of any remaining debts to third countries or international organisations, where the first concern is to obtain all relevant information and data in order to prove the actual existence and joint responsibility of all successor states for these debts.
Under the Agreement, all outstanding succession issues are to be resolved by consensus of all successor states. This can sometimes be an obstacle to faster progress, but at the same time it guarantees respect for what has been agreed in good faith. Reaching consensus requires a high degree of flexibility and willingness to compromise and, above all, regular and open dialogue between all successor states. It was with this in mind that Minister Fajon convened the first meeting of the Foreign Ministers of all the successor states last year, which made it possible to revive the stalled dialogue at the level of senior representatives responsible for the implementation of the Agreement. And the Slovenian Senior Representative for Succession Issues, Mateja Vraničar Erman, through sustained bilateral dialogue with the other Senior Representatives, organised an informal meeting of the Permanent Joint Committee of Senior Representatives of the Successor States of the former SFRY and promoted a debate on the future of succession issues.
Slovenia is determined to continue to promote regular dialogue at all levels, both expert and political. This is also the focus of Minister Fajon's call to the successor states "to find the political will and wisdom to resolve outstanding issues for the benefit of all our citizens."