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TITLE: SLOVENIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SLOVENIA
Slovenia is a parliamentary democracy and constitutional
republic. It declared its independence from the Socialist
Federal Republic of Yugoslavia on June 26, 1991. A 10-day war
ended with the withdrawal of the Yugoslav National Army units.
The country has been free of strife since then.
The 1991 Constitution proclaims Slovenia a democratic republic
"governed by the rule of law." The President serves as the
Head of State and commander in chief of the armed forces.
Prime Minister Janez Drnovsek of the Liberal Democratic Party
leads a coalition Government formed after free and fair
multiparty elections held in December 1992.
Slovenia is a functioning multiparty democracy with more than
10 active political parties offering a wide variety of
political and economic programs to the voters. National
elections for the presidency and legislature, in which over
1,000 candidates competed, were held in December 1992.
Police and security forces are under the control of the
Ministry of the Interior, headed by a civilian official. The
armed forces of Slovenia do not exercise civil police functions.
Slovenia is in a slow but steady transition from a largely
state-owned economy to one based on private ownership. The
Slovene currency is fully convertible internally and is judged
stable. It is linked to the German mark but is allowed to
depreciate in accordance with internal price changes.
Inflation, now running at 25 percent per annum and falling, has
declined markedly since independence. Unemployment, at year's
end 15.3 percent, was a major source of concern. The loss of
most of the Slovenian market in the old Yugoslavia and the
Europe-wide recession have put tremendous strains on both labor
and management.
There were no major human rights problems in 1993. The
Constitution and actual practice accord protected status to
the Italian and Hungarian communities, as well as to the
Gypsies. The media exploit their freedoms with caution, and
the role of former Communists in public life is still at issue
despite (or because of) their continuing participation in the
Government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No unlawful killings instigated by official organs or vigilante
groups were known to have occurred.
b. Disappearance
There were no reports of politically motivated or government-
instigated 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." There were no
reports of such treatment of prisoners.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or deprivation of
liberty and requires that 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 detainee has the
right to legal counsel of his choice and may appeal his
detention, which the court must decide on within 48 hours.
The detainee may be held with cause for a maximum of 3 months,
and the Supreme Court may extend detention for another 3
months. In practice, these rights and limitations are fully
respected.
There is no exile.
e. Denial of Fair Public Trial
The court system comprises local and district courts, and the
Supreme Court acts as the highest court in the country. The
Constitution states that judges are independent and fill their
offices permanently, subject to an age limit. They are elected
by the State Assembly (parliament) on the nomination of the
Judicial Council. The Council is composed of 11 members, 5 of
whom are elected by the State Assembly on the nomination of the
President of the Republic, and the remaining 6 are sitting
judges selected by their peers.
The nine-member Constitutional Court rules on the
constitutionality of legislation and legal regulations and on
jurisdictional disputes, and it also acts as a final court of
appeal in cases requiring a constitutional interpretation.
Members of the Constitutional Court, who are appointed for one
9-year term, are nominated by the President and approved by the
State Assembly.
According to the Constitution, a defendant's rights include:
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 are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides protection for privacy, personal
rights, the inviolability of the home, mail, and other means of
communication and personal data. In practice, these rights and
protections are respected.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
There are five major dailies and numerous weekly newspapers.
Most of the major print media are supported through private
investment and advertising. The media span the political
spectrum from left to right.
Although Slovenia is ethnically fairly homogeneous, there is a
newspaper for the Italian minority living along the Adriatic
coast and an Italian-language television channel. Hungarian
radio programming is common in the northeast region of
Slovenia. Bosnian refugees and the Albanian community publish
newspapers or newsletters in their own languages.
The Parliament has been debating a media law for the past 2
years but has yet to pass one. A council appointed by
Parliament controls Radio-Television Slovenia, which regulates
the country's television transmitters. Radio-Television
Slovenia broadcasts on two television channels and three radio
stations. In addition, one independent television station and
more than 50 independent radio stations broadcast in Slovenia.
Most of the media are politically independent, offering diverse
opinions on a wide range of subjects. Numerous private
interest and academic journals and publications are available,
as are foreign newspapers, magazines, and journals.
Newly emerging from over four decades of an authoritarian
political system, Slovenia retains some of the legacies of such
a regime, especially in self-censorship. Some journalists, who
were supported by the previous regime, continue to be loyal to
their patrons from the Communist past, a few of whom still hold
influential posts. Accustomed to having their articles
published under the old system, these journalists remain
cautious about expressing criticism. Members of the younger
generation of print and broadcast journalists seem relatively
unrestrained in their dealings with government officials and
others in public life.
The election law specifies that the media must offer free space
and time to political parties for party use at election time.
Some critics claim that this provision interferes with the
commercial and editorial independence of the media. The
Constitution provides that universities and other institutions
of higher education shall be autonomous and that scientific and
artistic endeavor shall be free. Academic freedom is
rigorously respected.
b. Freedom of Peaceful Assembly and Association
The Constitution guarantees the right of peaceful assembly and
participation in public meetings. Permits for meetings are
routinely granted. Persons have the right to associate
freely. These rights may be restricted only in circumstances
involving national security, public safety, or for protection
against infectious diseases, and then only by act of the State
Assembly. Career military and police personnel are not allowed
to be members of political parties.
c. Freedom of Religion
The Constitution guarantees the unfettered profession of
religious and other beliefs in private and in public. No
person may be compelled to admit his religious or other
beliefs. There is no state religion, although the appropriate
role, if any, for religious instruction in the schools is still
the subject of political debate. Approximately 70 percent of
the population adheres to the Roman Catholic faith, and 2.5
percent to the Eastern Orthodox. There are also Protestant
congregations, especially in the eastern part of the country.
Clergy, missionaries, churches, and religious centers in the
country operate without hindrance.
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 choose a place of residence, to leave
the country, and to return as desired. Any limitations on
these rights may only be made by statute and only when
necessary in criminal cases, to control infectious disease, and
in defense of the State. In practice, Slovenes travel widely,
freely, and often.
The Constitution guarantees the right of political asylum for
those foreign nationals and persons without citizenship "who
are persecuted for their stand on human rights and fundamental
freedoms." Slovenia has taken in over 75,000 refugees, mainly
Muslims, from Bosnia-Herzegovina, which represents 3.5 percent
of Slovenia's population. The refugees are accommodated in
more than 40 centers where they receive aid and education in
their language.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Slovene citizens have the right to change their government and
have done so peacefully through two free and fair elections
since independence. As a result of national elections in
December 1992--in which 10 parties competed--a four-party
coalition, led by Prime Minister Janez Drnovsek of the Liberal
Democratic Party, came to power.
Slovenia has a mixed parliamentary and presidential system.
The President serves as Head of State and commander in chief of
the armed forces and has the power to call elections for the
State Assembly and proclaim statutes. He may not serve more
than two consecutive 5-year terms. The President nominates the
Prime Minister who must be confirmed by the State Assembly.
The 90-member State Assembly has a 4-year term of office. The
elected 40-member National Council in the legislature,
representing social, economic, trade and professional, and
local interests, serves somewhat as an upper house.
There are no restrictions on women or minorities voting or
participating in politics. The Italian and Hungarian ethnic
communities are each entitled to elect one representative to
the Assembly, regardless of their numbers. The Woman's Issues
Office in the Prime Minister's office is very active in the
promotion of women's rights.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Slovenia has a well-respected independent Council of Human
Rights and Fundamental Freedoms, founded in 1990, which
investigates complaints about violations of human rights and
governmental responsibility. The Government places no formal
or practical obstacles in the way of visits or investigations
by international or local human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Slovenia has made gender equality a matter of state policy. In
general, there is no official discrimination against women or
minorities in housing, jobs, education, or other facets of the
society. The Constitution specifies that marriage is based on
the equality of both spouses and that the State shall protect
the family, motherhood, and fatherhood. Women are well
represented throughout Slovene public life, in business, in
academia, and in government.
In practice, women, even those employed, continue to bear a
disproportionate share of household work and family care as a
result, particularly in rural areas, of a generally
conservative social tradition. Slovenia generally provides
equal pay for equal work for men and women. In the current
recession, both men and women may suffer from loss of work, and
they endure the same average period of unemployment. Women,
however, still are found more often in lower paying jobs.
It is difficult to determine with any specificity the extent of
violence against women in Slovenia. In general, the level of
personal crime and violence is relatively low. The problem of
spousal abuse and violence against women exists and public
discussion of this issue is common. Police are not reluctant
to intervene in such cases. Crimes of abuse of women are
treated according to the existing Penal Code. There is no
special legislation on crimes against women.
Children
The Constitution provides that children enjoy human rights in
accordance with their age and maturity and, in Article 56, are
guaranteed special protection against economic, social,
physical, or mental exploitation or abuse.
National/Racial/Ethnic Minorities
At the last census, in 1991, Slovenia had a population of
approximately 2 million--including 1,727,018 Slovenes and
persons of 23 other nationalities. There were 54,212 Croats,
47,911 Serbs, 26,842 Muslims, 8,503 Hungarians, and 3,064
Italians, as well as Albanians and Macedonians. The
Constitution provides special rights to the "autochthonous
Italian and Hungarian ethnic communities," such as the right to
elect a representative to the Assembly, use their own national
symbols, establish organizations, enjoy bilingual education,
and other privileges, and imposes a special obligation on the
Republic to support financially and morally the implementation
of those rights. Article 65 of the Constitution also provides
that the small Roma (Gypsy) communities, which have
approximately 6,500 members, shall have special status and
rights. Some members of the Serbian- and German-speaking
communities have complained that they are not specifically
mentioned in the Constitution and granted "minority" status.
People with Disabilities
Slovenia has taken steps to provide access to social and
economic opportunities for the disabled, for whom the
Constitution guarantees security and training for work. The
law mandates access to public facilities for disabled persons.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides that the establishment and activity
of trade unions, as well as the recruitment of their members,
are unrestricted. Virtually all workers, except for the police
and members of the security forces, are eligible to form and
join labor organizations of their own choosing.
Slovenian labor now has two nationwide labor groupings with
constituent branches throughout the country. A third, much
smaller, regional labor union is active on the Adriatic coast.
Unions are formally and actually independent of government and
the political parties, but individual unionists may and do hold
positions in the legislature. For example, the head of the
Neodvisnost Trade Union Federation was a presidential candidate
of the Social Democratic Party of Slovenia. The Constitution
provides that the State shall be responsible for "the creation
of opportunities for employment and for work."
Workers enjoy the right to strike, but in October the State
Assembly for the first time passed legislation restricting
strikes by some public sector employees. A number of strikes
occurred in 1993, largely over wages and working conditions.
Independent farmers went on strike against the Government's
liberal policy on cheap imported agricultural products. They
demanded, with little success, protectionist import taxes.
There are no restrictions on joining or forming federations and
affiliating with like-minded international union organizations.
b. The Right to Organize and Bargain Collectively
Slovenia's economy is in transition from the command economy of
the pre-1991 Communist system to a fully market-based system,
and the collective bargaining process is undergoing change.
Under the old system, the Yugoslav government had a dominant
role in setting the minimum wage and other conditions of work.
Through negotiations with trade union federations, the
Government still exercises an influential role in setting the
minimum wage and other conditions for unprivatized
enterprises. Private businesses, growing steadily in number,
set pay scales directly with their employees' unions or
employee representatives. Antiunion discrimination is
prohibited by law.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
There is no forced labor in Slovenia; the legal prohibition of
forced labor is effectively enforced.
d. Minimum Age for Employment of Children
The minimum age for employment is 16 years. Compulsory
education is 8 years. Some farm communities employ younger
children during the harvest or for other farm work. In
general, urban employers respect these age limits, which are
enforced by the Ministry of Labor.
e. Acceptable Conditions of Work
The Government and trade union federations try to set adequate
minimum wages through negotiations. The minimum wage per
month, mandated nationally, was approximately $200 (27,000
tolars) as of year's end. Such a wage base serves as a
standard for both public and private firms.
The standard workweek is 40 hours. There is a 24-hour rest
period provided after 40 hours per week, as well as 12 hours'
rest after each 8-hour period of work.
Occupational health and safety standards are set and enforced
by special commissions (for example, sanitary and labor
inspections). The inspection bodies are controlled by the
Ministries of Health and Labor respectively.
[end of document]
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