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Title: Slovenia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SLOVENIA
Slovenia 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 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 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 Exile
The 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 Trial
The 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
Correspondence
The 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 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 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 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
in circumstances involving national security, public safety, or
protection against infectious diseases, and then only by act of the
National Assembly.
c. Freedom of Religion
The 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 Repatriation
The 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.
Women
In 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.
Children
The 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 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.
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 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 Collectively
Slovenia'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 Labor
There is no forced labor.
d. Minimum Age for Employment of Children
The 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 Work
The 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.
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