|Friday, 24 November 2017|
Title: Slovenia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SLOVENIASlovenia is a parliamentary democracy and constitutional republic which declared its independence from the Socialist Federal Republic of Yugoslavia in 1991. Power is shared between a directly elected President, a Prime Minister, and a bicameral legislature. Three free and fair elections since independence and a lively multiparty political process reflect real progress toward an open and established democratic system. The Government respects the constitutional provisions for an independent judiciary in practice.
The police are under the effective civilian control of the Ministry of the Interior. By law, the armed forces do not exercise civil police functions.
The country has made steady progress toward developing a market economy. Privatization of the old Socialist economy continues, and trade has been reoriented to the West. Manufacturing accounts for most employment; machinery and other manufactured products are the major exports. Unemployment remains a concern, but inflation has declined markedly, and real growth has reached 5 percent. The currency is stable, fully convertible, and backed by substantial reserves. The economy provides citizens with a modest standard of living.
The Government fully respected the human rights of its citizens, and the law and judiciary provide effective means of dealing with instances of individual abuse. Slovenia's small minority communities (under 8 percent of population) enjoy constitutionally protected status and are dealt with fairly in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudical KillingThere were no reports of political or other extrajudicial killings.
b. DisappearanceThere were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentThe Constitution prohibits torture and inhuman treatment as well as "humiliating punishment or treatment," and there were no reports of such treatment of detainees or prisoners.
Prison conditions meet minimum international standards and were not the subject of complaint by any human rights organization.
d. Arbitrary Arrest, Detention, or ExileThe Constitution prohibits arbitrary arrest, deprivation of liberty, and the use of exile. The detaining authority must advise the detainee in writing within 24 hours, in his own language, of the reasons for his arrest. The law also provides safeguards against self-incrimination.
The Constitution also spells out the rights of detainees and limits on the Government's power to hold them (3 months maximum, with right of appeal). These rights and limitations are fully respected in practice.
e. Denial of Fair Public TrialThe Constitution provides for an independent judiciary, and the Government respects this provision in practice.
The judicial system comprises local and district courts, with the Supreme Court as the highest court. Judges, elected by the State Assembly (parliament) on the nomination of the Judicial Council, are constitutionally independent and serve indefinitely, subject to an age limit. The Judicial Council is composed of six sitting judges elected by their peers and five presidential nominees elected by the State Assembly. The nine-member Constitutional Court rules on the constitutionality of legislation.
The Constitution in great detail provides for the right to a fair trial, including provisions for: equality before the law, presumption of innocence, due process, open court proceedings, guarantees of appeal, and a prohibition against double jeopardy. These rights are respected in practice.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or CorrespondenceThe Constitution provides protection for privacy, "personal data rights," and the inviolability of the home, mail, and other means of communication. These rights and protections are respected in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and PressThe Constitution provides for freedom of thought, speech, public association, the press, and other forms of public communication and expression. Lingering self-censorship and some indirect political pressures continue to influence the media.
The press is now a vigorous institution growing out of its more restricted past. The media span the political spectrum from left to right. Because Slovenia is ethnically homogeneous, the major media do not represent a broad range of ethnic interests, although there is an Italian-language television channel as well as a newspaper available to the ethnic Italian minority who live on the Adriatic Coast. Hungarian radio programming is common in the northeast where there are about 10,000 ethnic Hungarians. Bosnian refugees and the Albanian community have newsletters in their own languages.
Slovenia has five major daily and several weekly newspapers. The major print media are supported through private investment and advertising, although the national broadcaster, RTV Slovenia, enjoys government subsidies, as do cultural publications and book publishing. There are five television channels, two of them independent private stations. Numerous foreign broadcasts are available via satellite and cable. All the major towns have radio stations and cable television. Numerous business and academic journals and publications are available. Foreign newspapers, magazines, and journals are available in the larger towns.
For over 40 years Slovenia was ruled by an authoritarian Communist political system. In theory and practice, the media enjoy full freedom in their journalistic pursuits. However, reporting about domestic politics may be influenced to some degree by self-censorship and indirect political pressures.
The election law requires the media to offer free space and time to political parties at election time.
The Constitution provides for autonomy and freedom for universities and other institutions of higher education. Slovenia has two universities, each with numerous affiliated research and study institutions. Academic freedom is respected, and centers of higher education are lively and intellectually stimulating.
b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for the rights of peaceful assembly, association, and participation in public meetings, and the Government respects these rights in practice. These rights can be restricted only in circumstances involving national security, public safety, or protection against infectious diseases, and then only by act of the National Assembly.
c. Freedom of ReligionThe Constitution explicitly provides for the unfettered profession of religious and other beliefs in private and in public, and the Government respects these rights in practice. No person can be compelled to admit his religious or other beliefs. There is no state religion. About 70 percent of the population adheres to the Roman Catholic faith, and 2.5 percent to the Orthodox. There are also Protestant congregations, especially in the eastern part of the country. Clergy, missionaries-- some from abroad--churches, and religious groups operate without hindrance.
The appropriate role for religious instruction in the schools continues to be an issue of debate. The Constitution states that parents are entitled "to give their children a moral and religious upbringing...." Before 1945 religion was much more prominent in the schools, but now only those schools supported by religious bodies teach religion.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationThe Constitution provides that each person has the right to freedom of movement, to choose his or her place of residence, to leave the country freely, and to return. Limitations on these rights may only be made by statute and only where necessary in criminal cases, to control infectious disease, or in wartime. In practice, citizens travel widely and often.
The Constitution provides for a right of political asylum for foreigners and stateless persons "who are persecuted for their stand on human rights and fundamental freedoms."
Since 1991 Slovenia has taken in refugees from the fighting in Croatia and especially Bosnia-Herzegovina, and has dealt with them humanely. The Government affords good protection to refugees; there are some 24,000 in the country, about 20,000 of them registered.
Section 3 Respect for Political Rights: The Right of Citizens to Change their Government
Citizens have the right to change their government, voting by secure ballot on the basis of universal suffrage. In 1992 national elections-- with 10 parties competing for national office--brought to power a coalition government. The elections were conducted peacefully, without allegations of fraud. Slovenia has a mixed parliamentary and presidential system. The President proposes a candidate to the legislature for confirmation as Prime Minister, after consultations with the leaders of the political parties in the National Assembly.
The Constitution stipulates that the Italian and Hungarian ethnic communities are each entitled to at least one representative in the Assembly, regardless of their population numbers.
There are no restrictions on the participation of women or minorities in politics; the Prime Minister's office has an active watchdog agency for monitoring and promoting participation by women in public life. Thirteen of 90 Members of Parliament are women, as are 2 cabinet ministers.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Independent human rights monitoring groups promote respect for human rights and freedoms and freely investigate complaints about violations of human rights. The Government places no obstacles in the way of investigations by international or local human rights groups. The United Nations Human Rights Commission (UNHRC) in 1994 deleted Slovenia from the group of Yugoslav successor states monitored by the UNHRC for human rights abuses.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
The Constitution provides for equality before the law, and that is observed in practice. Slovenia's population (excluding refugees) is approximately 2 million, of which 1,727,018 are Slovenes and the remainder persons of 23 other nationalities. There are 54,212 Croats, 47,911 Serbs, 26,842 Muslims, 8,503 Hungarians, and 3,064 Italians.
The Constitution provides special rights for the "autochthonous Italian and Hungarian ethnic communities", including the right to use their own national symbols, enjoy bilingual education, and other privileges. It also provides that the small Romani communities shall have special status and rights, which are observed in practice.
WomenIn general, the level of personal crime and violence is relatively low. The problem of spousal abuse and violence against women exists, and police are not reluctant to intervene in such cases. Crimes of abuse against women are dealt with in accordance with the Penal Code. There is no special legislation on crimes against women.
Equal rights for women are a matter of state policy. There is no official discrimination against women or minorities in housing, jobs, education, or other walks of life. Marriage, under the Constitution, is based on the equality of both spouses. The Constitution stipulates that the State shall protect the family, motherhood, and fatherhood.
In rural areas, women, even those employed outside the home, bear a disproportionate share of household work and family care because of a generally conservative social tradition. However, women are frequently encountered in business and in government executive departments.
Equal pay for equal work for men and women is the norm. Slovenia has gradually but steadily increased employment, although the unemployment rate is 13 percent. In such conditions, men and women both suffer from the loss of work. Both sexes have the same average period of unemployment. Women, however, still are found more often in lower paying jobs.
ChildrenThe Constitution stipulates that children "enjoy human rights and fundamental freedoms consistent with their age and level of maturity." Moreover, they are guaranteed special protection from exploitation and maltreatment.
The Government demonstrates its commitment to children's welfare through its system of public education and health care. There is no pattern of societal abuse against children.
People with DisabilitiesThe disabled are not discriminated against, and the Government has taken steps to facilitate access to social and economic opportunities. In practice, modifications of public and private structures to ease access by the handicapped continue slowly but steadily.
Section 6 Worker Rights
a. The Right of AssociationThe Constitution stipulates that trade unions, their operation, and their membership shall be free, and provides for the right to strike. Virtually all workers, except for the police and military, are eligible to form and join labor organizations. In 1993, however, the National Assembly for the first time passed legislation restricting strikes by some public sector employees. The past year has seen some scattered labor unrest, especially in the large "TAM" metals conglomerate.
Slovene labor has two main groupings, with constituent branches throughout the country. A third, much smaller, regional labor union operates on the Adriatic coast. Unions are formally and actually independent of Government and the political parties, but individual union members hold positions in the legislature. The Constitution provides that the State shall be responsible for "the creation of opportunities for employment and for work".
There are no restrictions on joining or forming federations and affiliating with like-minded international union organizations.
b. The Right to Organize and Bargain CollectivelySlovenia's economy is in transition from the command economy of the former Communist system, which included some private ownership of enterprises along with state-controlled and "socially-owned" enterprises. In the transition to a fully market-based economy, the collective bargaining process is undergoing change. Formerly, the old Yugoslav Government had a dominant role in setting the minimum wage and conditions of work. The Slovene Government still exercises this role, to an extent, although private businesses, growing steadily in number, set pay scales directly with their employees' unions or employee representatives. There are no reports of antiunion discrimination.
Export processing zones have been established in Koper, Maribor, and Nova Gorica. Workers' rights are the same in these zones as in the rest of the country.
c. Prohibition of Forced or Compulsory LaborThere is no forced labor.
d. Minimum Age for Employment of ChildrenThe minimum age for employment is 16 years. Children must remain in school until age 15. During the harvest or for other farm work, younger children do work. In general, urban employers respect the age limits.
e. Acceptable Conditions of WorkThe minimum wage is $370 (Sit 46,250) per month, which provides a decent standard of living. The workweek is 40 hours. In general, businesses provide acceptable conditions of work for their employees. Occupational health and safety standards are set and enforced by special commissions controlled by the Ministries of Health and Labor. Workers have the right to remove themselves from unsafe conditions without jeopardizing their continued employment.