SloveniaCountry Reports on Human Rights Practices - 1999 Released by the Bureau of Democracy, Human Rights, and Labor February 23, 2000
Slovenia is a parliamentary democracy and constitutional republic.
Power is shared between a directly elected president, a prime minister,
and a bicameral legislature. Since Slovenia's independence with the
breakup of Yugoslavia in 1991, free, fair, and open elections have
characterized the political system. In 1997 elections were held to elect
both a president and representatives to Parliament's upper house. The
Government respects 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. As of 1998, "social property"no longer exists, although sales of
the remaining large state holdings have not occurred as rapidly as
planned. Trade has been diversified toward the West and the growing
markets of Central and Eastern Europe. Manufacturing accounts for most
employment, with machinery and other manufactured products constituting
the major exports. Labor force surveys put unemployment at 7.5 percent,
but registration for unemployment assistance was 14.5 percent. Inflation
was 7.9 percent in 1998, while real gross national product grew 3.9
percent. The currency is stable, fully convertible, and backed by
substantial reserves. The economy provides citizens with a good standard
of living.
The Government generally respected the human rights of its citizens,
and the law and the judiciary provide effective means of dealing with
individual instances of abuse. An ombudsman deals with human rights
problems, including citizenship cases. Some 5,000 to 10,000 non-Slovene
(former Yugoslav) residents had been without legal status since
independence in 1991, some due to the Government's slow processing of
their original applications, and others because they had never applied.
However, in August the Government passed legislation that offered legal
permanent resident status to such persons. These minorities reported some
discrimination.
RESPECT FOR HUMAN RIGHTS
Section 1--Respect for the Integrity of the Person, Including Freedom
From:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits torture and inhuman treatment as well as
"humiliating punishment or treatment," and there were no reports of such
treatment.
Prison conditions meet minimum international standards and were not the
subject of complaint by any human rights organization.
The Government permits prison visits by human rights monitors and the
media.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or deprivation of liberty,
and the Government respects these provisions in practice.
The authorities must advise detainees in writing within 24 hours, in
their own language, of the reasons for the arrest. Until charges are
brought, detention may last up to 6 months; once charges are brought,
detention may be prolonged for a maximum of 2 years. Some 26 percent of
the average prison population of 1,100 inmates are in pretrial detention
at any given time. The law also provides safeguards against
self-incrimination. These rights and limitations are respected in
practice.
The Government does not use forced exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government respects this provision in practice.
The judicial system comprises district courts, regional courts, a court
of appeals, an administrative court, and the Supreme Court. A nine-member
Constitutional Court rules on the constitutionality of legislation.
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 Parliament.
The Constitution provides in great detail for the right to a fair
trial, including provisions for: Equality before the law, presumption of
innocence, due process, open court proceedings, the right of appeal, and a
prohibition against double jeopardy. Defendants by law have the right to
counsel, without cost if need be. These rights are respected in practice,
although the judicial system is so burdened that justice is frequently
protracted. In some instances, criminal cases have reportedly taken 2 to 5
years to come to trial. The problem is not widespread, and defendants are
released on bail except in the most serious criminal cases.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution provides for the protection of privacy, &personal
data rights," and the inviolability of the home, mail, and other means of
communication. These rights and protections are respected in practice, and
violations are subject to effective legal sanction.
Section 2--Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The 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 emerging from its more
restricted past. The major media do not represent a broad range of
political or 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 approximately 8,500 ethnic
Hungarians. Bosnian refugees and the Albanian community have newsletters
in their own languages.
Four major daily and several weekly newspapers are published. 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. Seven local
television channels are available, four of which are independent private
stations. Numerous foreign broadcasts are available via satellite and
cable. All major towns have radio stations and cable television. Numerous
business and academic publications are available. Foreign newspapers,
magazines, and journals are widely available.
In theory and practice, the media enjoy full journalistic freedom.
However, for over 40 years the country was ruled by an authoritarian
Communist political system, and 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. Television networks routinely give
public figures and opinion makers from across the political spectrum
access via a broad range of public service programming.
The Constitution provides for autonomy and freedom for universities and
other institutions of higher education. There are two universities; each
has 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 Association
The 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 by
an act of Parliament in circumstances involving national security, public
safety, or protection against infectious diseases.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. No person can be compelled to admit his
religious or other beliefs. There are few formal requirements for
recognition as a religion by the Government. Religious groups, including
foreign missionaries, must register with the Ministry of the Interior.
Registration entitles such groups to value added tax rebates on a
quarterly basis. All groups in the country report equal access to
registration and tax rebate status. Foreign missionaries (including a
Mormon mission) and religious groups (including Hare Krishna, Scientology,
and Unification organizations) 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.
The Roman Catholic Church was a major property holder in the Kingdom of
Yugoslavia before World War II. After the war, much church
property--church buildings and support buildings, residences, businesses,
and forests--was confiscated and nationalized by the Socialist Federal
Republic of Yugoslavia. After Slovenian independence in 1991, Parliament
passed legislation calling for denationalization (restitution or
compensation) within a fixed period. However, a subsequent change of
government in 1992 led to a virtual standstill in denationalization
proceedings for several years. As of June, only one-third of all cases had
been adjudicated at the initial administrative level, although these
represent about half of all nationalized and confiscated property.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
The Constitution provides that each person has the right to freedom of
movement, to choice of place of residence, to leave the country freely,
and to return. Limitations on these rights may be made only 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." The Government cooperates with the
office of the U.N. High Commissioner for Refugees and other humanitarian
organization in assisting refugees. The Government provides first asylum
(or "temporary protection") to refugees but on a very limited basis in
recent years. There were no reports that the Government forcibly returned
any refugees against their will to a country where they feared
persecution.
Section 3--Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides that elections should be held at least every
4 years. Citizens have the right to change their government, voting by
secret ballot on the basis of universal suffrage. 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 Parliament.
No restrictions hinder the participation of women or minorities in
politics. However, women are underrepresented in politics. Of the 90
Members of Parliament, 8 are women, while 1 of 19 cabinet ministers is a
woman. The Prime Minister's Office has an active agency for monitoring and
promoting the participation by women in public life.
The Constitution stipulates that the Italian and Hungarian ethnic
communities each are entitled to at least one representative in the
Parliament, regardless of their population.
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.
The Government places no obstacles in the way of investigations by
international or local human rights groups.
An independent ombudsman appointed by Parliament deals with human
rights problems, including so-called "economic rights." The incumbent is
regarded as fair, but he lacks the power to enforce his opinions. In
addition Parliament has been criticized as a major factor in the slow
progress of property restitution ("denationalization"), casting doubt on
the ombudsman's ability to alter the pace of the process. The ombudsman
criticized the Government for the slow pace of legal and administrative
proceedings, in criminal and civil, as well as in denationalization cases.
Section 5--Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for equality before the law, and the
Government observed this provision in practice. According to the 1991
census, the population is approximately 2 million, of whom 1.7 million are
ethnic Slovenes and the remainder are persons of 23 other nationalities.
There were some 50,000 Croats, 48,000 Serbs, 27,000 Muslims, 8,500
Hungarians, and 3,000 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 benefit from other
privileges. It also provides for special status and rights for the small
Romani community, which are observed in practice.
Women
The awareness of spousal abuse and violence against women is on the
rise. In 1998 83 men were charged with rape. Although 1,559 persons were
charged with inflicting some degree of bodily harm in 1998, no breakdown
of victims by sex is available. In 1998 10,021 misdemeanor charges of
"endangering safety in a private place& were filed. Although no
breakdown of victims is available by sex for 1998, records from previous
years indicate that at least 40 percent, or approximately 4,000 cases,
involved domestic disputes where women were threatened. Three shelters are
available for battered women, which are partially funded by the State. The
shelters operate at capacity (about 40 beds combined) and turn away
numerous women every year. In cases of reported spousal abuse or violence,
the police actively intervene, and criminal charges are filed.
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. Under the Constitution, marriage 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 frequently are
encountered in business and in government executive departments.
Equal pay for equal work for men and women is the norm. Although both
sexes have the same average period of unemployment, women still are found
more often in lower paying jobs. On average women's earnings are 85
percent of those of men.
Children
The Government demonstrates its commitment to children's welfare
through its system of public education and health care. Free public
education is provided through age 15.
The Constitution stipulates that children "enjoy human rights and
fundamental freedoms consistent with their age and level of maturity."
Moreover, special protection from exploitation and maltreatment is
provided by statute. Social workers visit schools regularly to monitor for
any incidents of mistreatment or abuse of children.
There is no societal pattern of abuse of children.
People with Disabilities
The 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.
National/Racial/Ethnic Minorities Minorities make up about 12 percent
of the population; most are nationals of the former Yugoslavia. Ethnic
minorities face a complex reality. "Autochthonous" groups in general are
provided special rights and protection by the Constitution. Three of these
groups--Italians, Hungarians, and Roma--are singled out in the
Constitution for special treatment, and the first two are assigned
representation in Parliament. Other "autochthonous" groups include some
500 ethnic Germans and under 100 Jews.
However, "new minorities"--ethnic Serbs, Croats, Kosovar Albanians, and
non-autochthonous Roma from Kosovo and Albania--are unprotected by special
provisions of the Constitution and face some societal and governmental
discrimination. Many of these 5,000 to 10,000 non-Slovene citizens of the
former Yugoslavia migrated internally to Slovenia during the decades
leading up to independence because of the economic opportunities. Most
opted not to take up Slovene citizenship during a 6-month window in
1991-92 and have been living in the country as essentially stateless
persons since then, while others were without residence status because of
slow processing of their applications by the Government. In August
Parliament passed legislation that addressed the problem of these persons
by offering them permanent resident status; a 6-week window for
applications closed at year's end.
The Roma are best characterized as a set of groups rather than as one
community. Some have lived in the country for hundreds of years, while
others are very recent migrants. A lack of cohesion prevented the Romani
communities from taking advantage of their special constitutional status,
although the Government also failed to fully implement the special
legislation on Romani status called for in Article 65 of the Constitution.
Section 6--Worker Rights
a. The Right of Association
The Constitution stipulates that trade unions, their operation, and
their membership shall be free and provides for the right to strike.
Virtually all workers, except police and military personnel, are eligible
to form and join labor organizations. In 1993 the Parliament for the first
time passed legislation restricting strikes by some public sector
employees. However, after government budget-cutting, some public sector
professionals (judges, doctors, and educators) became increasingly active
on the labor front.
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 the
Government and 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 unions joining or forming federations and
affiliating with like-minded international union organizations.
b. The Right to Organize and Bargain Collectively
The economy is in transition from 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 Government still
exercises this role to an extent, although in the private sector wages and
working conditions are agreed annually in a general collective agreement
between the "social partners:" The labor unions and the Chamber of
Economy. There were no reports of antiunion discrimination.
Export processing zones exist in Koper, Maribor, and Nova Gorica.
Worker rights in these zones are the same as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced and bonded labor, including that performed by
children, and there were no reports of forced labor by adults or children.
d. Status of Child Labor Practices and Minimum Age for Employment
The minimum age for employment is 16 years. Children must remain in
school until through the age of 15. During the harvest or for other farm
chores, younger children do work. In general, urban employers respect the
age limits. The law prohibits forced and bonded labor by children, and
there were no reports of its use (see Section 6.c.).
e. Acceptable Conditions of Work
The minimum wage is $325 (59,150 tolars) per month, which provides a
decent standard of living for the average worker and family. 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.
f. Trafficking in persons
The law on "enslavement" prescribes criminal prosecution for a person
who "brings another person into slavery or a similar condition, or keeps
another person in such a condition, or buys, sells or delivers another
person to a third party" or brokers such a deal. Sentences for enslavement
convictions range from 1 to 10 years' imprisonment. Persons also can be
prosecuted for pimping or pandering "by force, threat or deception," the
penalty for which ranges from 3 months' to 5 years' imprisonment or, in
cases involving minors or forced prostitution, 1 to 10 years'
imprisonment.
There were no prosecutions for trafficking in persons in 1998; in 1997,
three persons were successfully prosecuted.
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