Racial discrimination is defined in the Constitution as well as in the Act Implementing the Principle of Equal Treatment, Employment Relationship Act and Criminal Code. Slovenian Criminal Code contains provisions on prohibition of violation of right to equality and public incitement to hatred, violence and intolerance (hate speech).

Clear
  • Anti-discrimination Legislation & Implementation

    Slovenian Act Implementing the Principle of Equal Treatment guarantees equal treatment irrespective of personal circumstances such as gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. Discriminatory acts are prohibited in every area of social life. Advocate of the Principle of Equality and the Human Rights Ombudsman handle complaints in discrimination cases.

    • Is racial discrimination defined in national law?

      Yes. Racial discrimination is defined in the Constitution as well as in the Act Implementing the Principle of Equal Treatment, Employment Relationship Act and Penal Code. 

      Qualitative Info

      Article 14 of the Constitution of Slovenia guarantees to everyone equal human rights and fundamental freedoms irrespective of national origin, race, gender,
      language, religion, political or other beliefs, financial status, birth, education, social status, disability or any other personal circumstance.

       

      Article 63 of the Constitution of Slovenia defines as unconstitutional any incitement to ethnic, racial, religious or other inequality as well as any incitement to ethnic, racial, religious or other hatred and intolerance.  

       

      Article 2 of the Act Implementing the Principle of Equal Treatment guarantees equal treatment irrespective of personal circumstances such as gender,
      ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance, in all areas of social life. If equal treatment is not guaranteed, this is considered discrimination which is prohibited by article 3 of this act.

       

      In accordance with the provisions of Article 131, §1 of the Penal Code, whoever prevents or restricts another person’s enjoyment of any human right or fundamental freedom recognized by the international community or laid down by the Constitution or legislation, or grants another person a special privilege or advantage on the grounds of ethnicity, race, colour, religion, ethnic roots, gender, language, political or other belief, sexual orientation, social status, birth, education, social position or any other circumstance, shall be punished by a fine or sentenced to imprisonment for a maximum of one year. The notion of special privilege or advantage is interpreted by the court. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, which can result in financial gains, rights, permissions etc. that are not available to other persons. This does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime. However, should such argument be invoked the decision will be in the competence of the court. Article 131, § 2 of the Penal Code prescribes the same punishment for one that persecutes an individual or organization due to their standing for equal treatment of people. If the act from § 1 or 2 is committed by an official with the abuse of official position or official competencies, he or she is punished with imprisonment up to three years. The provision of Article 116 of the Penal Code specifically defines criminal act of murder committed due to violation of the equality and prescribes a sentence of imprisonment of at least 15 years. In the field of torture, the Penal Code in Article 265 states that one who intentionally causes severe pain or suffering based on violation of equality, shall be sanctioned with imprisonment from one to ten years. If this is caused by a person in official capacity, the sanction foreseen is imprisonment from three to twelve years. These articles have not yet been used in practice, not even in relation to police forces.

       

      Hate speech is defined in Article 297 of the Penal Code, stating that one who publicly encourages or incites ethnic, racial, religious or other hatred or intolerance,
      or incites to another type of intolerance due to physical or intellectual deficiencies or sexual orientation, shall be sanctioned with imprisonment up to two years (in 2010
      three people have been convicted of this crime, each was sanctioned to 1,5 years of prison sentence; see above case law; the judgment is not final yet). The same
      punishment is foreseen for those who publicly spread ideas of prevalence of one race over another or cooperate at any racist activity, or deny, diminish the meaning of,
      approve of, ridicule or advocate for genocide, holocaust, crime against humanity, war crime, aggression or other criminal acts against humanity. If these acts are published
      in public media, the editor or his deputy are also punished, except in case of a live transmission and the lack of possibility to prevent these acts. The Penal Code also
      stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc. 

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://www.varuh-rs.si/pravni-okvir-in-pristojnosti/ustava-zakoni/ustava-republike-slovenije/

      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      Yes. The Act Implementing the Principle of Equal Treatment contains a prohibition of race, ethnic origin and religious discrimination in accordance with the EU directives.

      Qualitative Info

      The prohibition on the grounds of race, etnicity and religion is guaranteed already with Article 14 of the Constitution of the Republic of Slovenia, adopted in 1992. On 22 April 2004 the Government of Republic of Slovenia adopted the Act Implementing the Principle of Equal Treatment, which entered into force on 7 May 2004. This act was amended on 22 June 2007; the amendments entered into force on 25 July 2007. The purpose of adoption of this act was to transpose the EU directives 2000/43/EC and 2000/78/EC.

       

      According to the Official Consolidated Version of this act, equal treatment is guaranteed irrespective of personal circumstances such as gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. Discriminatory acts shall be prohibited in every area of social life, and in particular in relation to:

       

      • conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
      • access to all types and to all levels of career orientation, vocational and professional education and training, advanced vocational training and retraining, including practical work experience;
      • employment and working conditions, including dismissals and pay;
      • membership of and involvement in an organization of workers or employers, or any organization whose members carry on a particular profession, including the benefits provided for by such organizations;
      • social protection, including social security and healthcare;
      • social advantages;
      • education;
      • access to and supply of goods and services which are available to the public, including housing.

       

      Article 4, §2 of the Act Implementing the Principle of Equal Treatment defines direct discrimination by stating that direct discrimination on grounds of personal circumstance occurs if a person due to such personal circumstance has been, is or would be treated less favourably than another person in an equal or comparable situation. Article 4, §3 of the Act Implementing the Principle of Equal Treatment states that indirect discrimination on grounds of personal circumstance occurs when a seemingly neutral provision, criterion or practice in equal or comparable situations and under similar conditions, puts a person with a certain personal circumstance in a less favourable position compared to other persons, unless that provision, criterion or practice is objectively justified by a legitimate objective and the means of achieving that objective are appropriate and necessary.

       

      Sources:

      Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism
      • Daily life

      External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

      Yes. The national legislation includes all grounds of discrimination as international conventions and the EU directives, as well as contains a general clause "any other personal circumstances" which ensures protection from discrimination based on the grounds not explicitly listed in the law.

      Qualitative Info

      Article 14 of the Constitution includes the grounds of national origin, race, gender, language, religion, political or other beliefs, financial status, birth, education, social status, disability or any other personal circumstance.

       

      Article 2 of the Act Implementing the Principle of Equal Treatment covers the grounds of gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. Article 131 of the Penal Code defines a crime of violation of equality on the grounds of ethnicity, race, colour, religion, ethnic roots, gender, language, political or other belief, sexual orientation, social status, birth, education, social position or any other circumstance.   

       

      Sources:

      Ustava Republike Slovenije [The Constitution of the Republic of Slovenia], Official Journal of the Republic of Slovenia, No. 33/1991, 42/1997, 66/2000, 24/2003, 69/2004.

      Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

      Kazenski zakonik [Penal Code], Official Journal of the Republic of Slovenia No. 55/2008.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism
      • Daily life

      External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

      See other countriesSee indicator history
  • Anti-racist Crime Legislation & Implementation

    Slovenian Criminal Code contains provisions on prohibition of violation of right to equality and public incitement to hatred, violence and intolerance (hate speech), although there is no general definition of racist-hate crime.

    • Is there legislation against racist and hate crime?

      Yes, the Criminal Code and the Liability of Legal Persons for Criminal Offences Act incorporate provisions against racist and hate crimes.

      Qualitative Info


      Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

      Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting.

      The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

      The Penal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

      Article 25 of the Liability of Legal Persons for Criminal Offences Act establishes criminal accountability of legal persons in case of violations of the following articles of the Penal Code: Article 131 (Violation of Right to Equality), Article 197 (Workplace Mobbing), Article 198 (Violation of Rights Concerning Employment and Unemployment), Article 297 (Public Incitement to Hatred, Violence or Intolerance). 


      Source: 

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Media
      • Internet
      • Political discourse -parties - orgs
      • Anti-discrimination
      • Anti-racism
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Is there a legal definition of racist-hate crime?

      No, there is no general definition of racist-hate crime, but the Criminal Code does include several provisions concerning racist-hate crime.

      Qualitative Info

      No, there is no general definition of racist-hate crime, but the Criminal Code does include several provisions concerning racist-hate crime: Article 131 of the Criminal Code (Violation of Right to Equality), Article 297 (Public Incitement to Hatred, Violence or Intolerance), Article 197 (Workplace Mobbing), Article 100 (Genocide), Article 101 (Crimes against Humanity), Article 102 (War Crimes).


      Source: http://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/izbranZakonAkt?uid=C12563A400338836C1257435005A1F1C&db=spr_zak&mandat=VI; http://www.wipo.int/clea/docs_new/pdf/en/si/si045en.pdf

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Media
      • Internet
      • Political discourse -parties - orgs
      • Anti-discrimination
      • Anti-racism
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Is there a legal definition of hate speech?

      Yes, in Article 297 of the Criminal Code.

      Qualitative Info

      The definition of hate speech is established in Article 297 of the Criminal Code (Public Incitement to Hatred, Violence or Intolerance) stating that whoever publicly provokes or stirs up hatred, violence or intolerance on the basis of nationality, race, religion or ethnic roots, gender, skin colour, origin, financial situation, education, social position, political or other beliefs, disability, sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting, shall be punished by imprisonment of up to two years.

      Second paragraph of Article 297 stipulates that the same sentence shall be imposed on a person who publicly disseminates ideas on the supremacy of one race over another, or provides aid in any manner for racist activity or denies, diminishes the significance of, approves, disregards, makes fun of, or advocates genocide, holocaust, crimes against humanity, war crime, aggression, or other criminal offences against humanity as defined in the legal order of the Republic of Slovenia.

      If the offence is committed by publication in mass media, the editor or the person acting as the editor are also punished, except if it was a live broadcast and they were not able to prevent the offence.
      The Criminal Code also stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc.


      Source: http://www.uradni-list.si/1/objava.jsp?urlid=201250&stevilka=2065

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Media
      • Internet
      • Political discourse -parties - orgs
      • Anti-discrimination
      • Anti-racism
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Are there legal definitions of racist incident and racist violence?

      No, in Slovenian legislation there is no specific definition of racist incident or racist crime.

      Qualitative Info

      In Slovenian legislation there is no specific definition of racist incident or racist crime, but there are provisions regarding racist incident/crime in the Slovenian Criminal Code:

      Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

      Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting.

      The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

      The Criminal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

      Some provisions can also be found in the Protection of Public Order Act:
      Article 20 (Incitement to intolerance) stipulates that minor offences of violent or audacious behaviour (Article 6), inappropriate behaviour (Article 7), damaging official inscriptions, signs or decisions (Article 12), writing on the buildings (Article 13) and destroying the national symbols (Article 15), committed with the purpose of incitement to national, racial, sexual, ethnic, religious, political intolerance or intolerance regarding sexual orientation are punishable by a fine in the amount of no less than 200.000 SIT (approximately 835 EUR). When minor offences are not motivated by intolerance the fines are lower.
       


      Source:

      http://www.uradni-list.si/1/objava.jsp?urlid=201250&stevilka=2065 

      http://www.uradni-list.si/1/objava.jsp?urlid=200670&stevilka=2998

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Media
      • Internet
      • Political discourse -parties - orgs
      • Anti-discrimination
      • Anti-racism
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

      Yes, Slovenian Criminal Code includes provisions against association and incitement to genocide, crimes against humanity or aggression.

      Qualitative Info

      In Article 105 Slovenian Criminal Code specifically criminalizes establishment of criminal organisations to commit criminal offences under Articles 100 to 103 (Genocide, Crimes against humanity, War Crimes, Aggression) of the Criminal Code which is punishable by imprisonment between one and ten years.
      Second paragraph of Article 105 prescribes the sentence of imprisonment between six months and five years for any person who becomes a member of such organisation.
      Article 105 also provides a possibility of a lower sentence (up to three years) for whoever establishes or becomes a member of such criminal organisation but prevents the committing of criminal offences under Articles 100 to 103 or declares the offence in due time. In such cases the sentence may also be remitted.

      The Criminal Code also contains a general provision regarding criminal offences committed within a criminal organisation. In accordance with Article 41 a severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation. Since this article only applies to criminal offences with prescribed sentence of more than three years, most of the criminal offences regarding hate crimes do not fall under its provisions, since prescribed sentences are lower (Violation of Right to Equality; Public Incitement to Hatred, Violence or Intolerance; Workplace Mobbing).  As mentioned above, establishing criminal organisations to commit criminal offences against humanity is specifically criminalized in Article 105 of the Criminal Code.
       


      Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296

      Groups affected/interested

      • Majority

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Is there an independent assessment of the impact of anti-racist legislation and its application in practice?

      Yes.

      Qualitative Info

      Varuh človekovih pravic [Human Rights Ombudsman] was introduced into the Slovenian constitutional order through the new Constitution of the Republic of Slovenia, which was adopted in December 1991. Through the Ombudsman's tasks and jurisdiction (protection of human rights and fundamental freedoms in relation to state authorities, local self-government authorities and bearers of public authority), he or she represents an additional means of non-judicial protection of the individual’s rights. The Ombudsman prepares regular annual reports on its work and review of issues and problems, among others in the field of constitutional rights and discrimination. One of the sections of the 2010 report covered the issue of prosecution of public enticement to hatred, violence and intolerance. For several years the Ombudsman has been pointing out the danger of unpunished expansion of different forms of hate speech. The Ombudsman states that effective control of public enticement to hatred, violence and intolerance depends on efficiency of the police and the Prosecutors’ Offices while detecting and prosecuting criminal offences under Article 297 of the Criminal Code. The Ombudsman highlights the issue with Vrhovno državno tožilstvo [Office of the State Prosecutor General of the Republic of Slovenia]. Namely, the position of the Office regarding the issue of public incitement to hatred, violence or intolerance is that these criminal offences should predominantly be addressed through prevention: education and awareness-raising.  The Ombudsman agrees on the importance of such activities but states that the operation of institutions such as Office of the State Prosecutor General, which have its functions and powers clearly established in the law, cannot be based on prevention. Since the State Prosecutor’s Offices are the ones that bring criminal cases before courts, such position of the Office of the State Prosecutor General also prevents the development of case-law in this field, which is vital for establishing the line between punishable expressions of hatred and expressions, protected within the freedom of expression.

       

      The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination in Slovenia as its  State party.

      The European Commission against Racism and Intolerance (ECRI) monitors problems of racism, discrimination on grounds of ethnic origin, citizenship, colour, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations to member States, Slovenia being one of them.


      Source: http://www.varuh-rs.si/; http://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP10.pdf; http://www.coe.int/t/dghl/monitoring/ecri/default_en.asp; http://www2.ohchr.org/english/bodies/cerd/

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Anti-roma/ romaphobia
      • Xenophobia
      See other countriesSee indicator history
    • Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?

      The data on racist crimes and violence is relatively limited and does not allow assessment of possible disproportionate under-reporting.

      Qualitative Info

      The data on racist crimes and violence is relatively limited and does not allow assessment of possible disproportionate under-reporting.
      Competent authorities record criminal offences and misdemeanours in accordance with the provisions of the Criminal Code and the Protection of Public Order Act.
      The police are the only body able to produce some data on basic offences involving racially and religiously motivated intolerance, but this data is not always consistently collected.
      Statistični urad Republike Slovenije (SURS) [Statistical Office of the Republic of Slovenia] is the most comprehensive source of data on criminal offences handled by the prosecution service and courts. Data on criminal offences is collected via statistical questionnaires answered by the public prosecutor’s office and local and district courts.


      Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296; http://www.stat.si/

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?

      There are reports showing that policing is not adequate in terms of combating racist violence/hate crime effectively.

      Qualitative Info

      Kodeks policijske etike [Police Code of Ethics] states that policemen ensure protection and observance of human rights and fundamental freedoms. While legitimately interfering with human rights policemen respect human dignity.
      However, ECRI noted cases of excessive use of force on the part of the police against members of minority groups, including Roma and noncitizens. In its third report on Slovenia ECRI states that although it has continued to receive reports according to which certain minority groups, and notably Roma, are particularly exposed to police misconduct, including in some cases ill-treatment, ECRI notes that there have been no formal complaints of racism or racial discrimination filed with the police or the Public Prosecutor since its last report. Although no systematic monitoring is carried out of possible racist or racially discriminatory police behaviour, the Slovenian authorities have researched the complaints filed with the police and found that in the very few cases where racism or racial discrimination might be thought to have played a part, the allegations were found to be unsubstantiated.

      In 2010, based on the inquiry of the Human Rights Ombudsman the Ministry of Interior of the Republic of Slovenia reported that the police examine all criminal offences with elements of xenophobia, racism and other forms of intolerance. This includes all forms of attacks motivated by racism or discrimination – written or oral threats, insults, damaging of property, insulting graffiti, posters, pamphlets and other writings, including those published on the internet or other public media.


      Source: http://www.policija.si/index.php/component/content/article/113-predstavitev/203-kodeks-policijske-etike; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/SVN-CbC-III-2007-5-ENG.pdf; http://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP10.pdf

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?

      Courts do not keep any systemic records on basic criminal offences motivated by ethnic/racial or religious intolerance which does not enable assessment. Jurisprudence of Slovenian courts regarding Articles of the Criminal Code, specifically targeting hate crimes is very scarce.

      Qualitative Info

      Courts do not keep any systemic records on basic criminal offences motivated by ethnic/racial or religious intolerance which does not enable assessment. However, jurisprudence of Slovenian courts regarding Articles of the Criminal Code, specifically targeting hate crimes (Article 131 -violation of right to equality, Article 297- public incitement to hatred, violence or intolerance) is very scarce.
      Publicly available data of the Statistični urad Republike Slovenije (SURS) [Statistical Office of the Republic of Slovenia] show that there were no convictions regarding the criminal offence of violation of right to equality in years 2010, 2009 and 2008. In 2007 one person was convicted, the court in this case did not pass a sentence, it only issued a safety measure (a specific type of criminal sanction).  The data also shows one conviction regarding the criminal offence of public incitement to hatred, violence or intolerance in 2010. The available data shows that in this case the sentence from 3 to 6 months of imprisonment was passed (statistical category of the Statistical Office).

      In its 2010 report Varuh človekovih pravic [Human Rights Ombudsman] highlights the issue with Vrhovno državno tožilstvo [Office of the State Prosecutor General of the Republic of Slovenia]. Namely, the position of the Office regarding the issue of public incitement to hatred, violence or intolerance is that these criminal offences should predominantly be addressed through prevention: education and awareness-raising.  The Ombudsman agrees on the importance of such activities but states that the operation of institutions such as Office of the State Prosecutor General, which have its functions and powers clearly established in the law, cannot be based on prevention. Since the State Prosecutor’s Offices are the ones that bring criminal cases before courts, such position of the Office of the State Prosecutor General also prevents the development of case-law in this field, which is vital for establishing the line between punishable expressions of hatred and expressions, protected within the freedom of expression.


      Source: http://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP10.pdf; http://www.stat.si/

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • In the context of hate crime, is racist motivation treated as an aggravating circumstance?

      No.

      Qualitative Info

      Slovenian Criminal Code does not contain any specific provisions establishing racist motivation as an aggravating circumstance. 
      Article 49 of the Criminal Code (General Rules on Sentencing) only states that the courts shall, when deciding on the penalties, consider all of the relevant circumstances, which have an influence on decision making (mitigating and aggravating circumstances), including, among other things, the offenders’ motives.
      The only case where violation of equality establishes a graver (but separate) criminal offence is in Article 116 which specifies violation of equality as one of the circumstances that differentiate murder from manslaughter (which is covered in Article 115).


      Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

      Slovenian Criminal Code does not contain any specific provisions establishing racist motivation as an aggravating circumstance. 

      Qualitative Info

      Slovenian Criminal Code does not contain any specific provisions establishing racist motivation as an aggravating circumstance. 


      Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?

      Yes.

      Qualitative Info

      Articles 131 (Violation of Right to Equality) and 297 (Public Incitement to Hatred, Violence or Intolerance) of the Criminal Code prescribe a severer sentence in case the offence is committed by an official by abusing their official position or rights.


      Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Political participation
      • Anti-discrimination
      See other countriesSee indicator history
    • Have public servants been reported as being perpetrators of racist violence/hate crime?

      Yes.

      Qualitative Info

      In its second report (2002), ECRI noted cases of excessive use of force on the part of the police against members of minority groups, including Roma and noncitizens. Although no systematic monitoring is carried out of possible racist or racially discriminatory police behaviour, the Slovenian authorities have researched the complaints filed with the police and found that in the very few cases where racism or racial discrimination might be thought to have played a part, the allegations were found to be unsubstantiated.

      Statistični urad Republike Slovenije (SURS) [Statistical Office of the Republic of Slovenia], which is the most comprehensive source of data on criminal offences handled by the prosecution service and courts, among other records the number of criminal offences, reported to the prosecutor’s offices, disaggregated by different criminal offences according to the Criminal Code. The data of the Statistical Office shows that in 2010 six cases of criminal offences of violation of right to equality, committed by an official through the abuse of office or official authority were reported. In all six cases charges were dismissed by the prosecutor's office. The data for previous years also show that all such charges were dismissed, except for 2006 where in one case the perpetrator was unknown and criminal proceedings did not continue (3 in 2009, 13 in 2008, 3 in 2007, 4 in 2006).

      It is important to emphasise that these cases may include all types of officials and violations of right to equality on all grounds protected by the Criminal Code (nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance), since the data is not disaggregated.


      Source: http://www.stat.si/; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_02/02_CbC_eng/02-cbc-slovenia-eng.pdf; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/SVN-CbC-III-2007-5-ENG.pdf

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
  • Political Parties-organisations - Racist & Xenophobic Discourse

    Political parties that promote nationalism and xenophobia openly or in more subtle way have been represented in the parliament in Slovenia ever since gaining independence. Hate speech is generated around status and rights of communities of other nations of former Yugoslavia (including the erased residents), Roma, Muslims and GLBT. Several associations and groups gathering rather young people promote racist and xenophobic agenda claiming their profile as "patriotic".

    • Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?

      Yes. The presence of the extreme political parties that promote nationalism and xenophobia was more obvious in 1990s. Later, most of these extreme parties disappeared from the political scene. Still, one of them, the Slovenian National Party (SNS) has been since 1992 until last elections in December 2011 represented in the Parliament. Also, xenophobic and racist discourse in its subtle form has been integrated in the work of allegedly centrist/moderate political parties.

      Represented in government/parliament? No, the Slovenian National Party gained 1,80% of votes, not reaching the threshold of 4% at the 2011 parliamentary elections.

      Qualitative Info

      The party that has openly promoted nationalist, xenophobic and racist attitudes through its presence in the Parliament and in the mainstream media  is the Slovenian National Party (SNS). It is led by Zmago Jelincic, known for use of extreme nationalist, populist, sometimes  militant rhetoric. As a candidate for the President of Slovenia he gained in the first round of 2007 presidential elections more than 19% of votes. The main targets of xenophobic and racist discourse of that, and other nationalist parties in Slovenia, are the people from other former republics of Yugoslavia and Roma, but also Muslims, GLBT and other minority groups. The Slovenian National Party for instance submitted to the Parliament a bill in 2007 denying minority protection to the Roma community. At the parliamentary elections in December 2011 the party didn't reach the treshold. Still, the parties considered right centrist, such a Slovenian Democratic Party (SDS, led by Janez Jansa), being one of the leading parties, integrated subtle forms of xenophobia and racism in its arguments and policy, contributing to its mainistreaming. During the government led by that party, (2004-2008) the case of forced  expulsion of Roma family Strojan and demolishion of their village happened. Also, on local level various allegedly centrist parties deny Roma rights, for instance in one of the municipalities  (Grosuplje) it was not possible for  several years for Roma community to elect its representative in the municipality council despite provisions in national legislation, since majority of political parties' representatives in the municipality council didn't agree with solutions in the national legislation.

      On local level there was in 2008 an initiative in the City of Ljubljana by a small political group represented in the city council to stop adoption of urban plan which provides space for building the mosque. A member of the city council Mihael Jarc requested referendum raising the issue of architecture and size of minaret , but the initiative was refused by the mayor of the city.


      Sources:

      Racist extremism in Central and Eastern Europe, chapter on Slovenia by Tomaz Trplan, Routledge, 2005.

      List of political parties in Slovenia, http://en.wikipedia.org/wiki/List_of_political_parties_in_Slovenia, Date of access: 20.12.2011.

      Ljubljana Mosque, http://en.wikipedia.org/wiki/Ljubljana_Mosque, Date of access: 20.12.2011.

      Groups affected/interested

      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Nationalism
      • Homophobia

      Key socio-economic / Institutional Areas

      • Political discourse -parties - orgs

      External Url http://en.wikipedia.org/wiki/List_of_political_parties_in_Slovenia

      See other countriesSee indicator history
    • Parties that express xenophobic discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda

      Yes. There are parties that promote anti-minority agenda and express hate speech toward minorities. The one which openly express such political agenda and has been represented in the Parliament for almost 20 years  is the Slovenian National Party, but there as some right-center parties which express such discourse occassionaly and in more subtle way.

      Parties Slovenian National Party (SNS) Electoral power 1,80% at the 2011 national parliamentary elections

      Qualitative Info

      In 1990s, after the introduction of political pluralism and in the period of conflicts associated with the break-up of former Yugoslavia, there were several political parties openly expressing nationalist, xenophobic and anti-minority agenda, targeting especially the people from former republics of Yugoslavia. Later, most of them disappeared from the political map, becoming irrelevant. Except for Slovenian National Party (SNS) which has been represented in the Parliament from 1992 until the latest parliamentary elections in December 2011 when it didn't reach the parliamentary treshold (4%).  It has not been part of any government in that period, but has been instrumental for some policy measures and campaigns against various minorities or arrangements with neighbouring countries or the EU membership. Its activities in the Parliament and in the public debate through the media have been harmful for efforts of Roma community to gain better protection of minority rights, and for members of other nations of former Yugoslavia who were illegaly erased from the register of residents of newly independent Slovenia in early 1992 and for many years tried to use political and legal ways to gain their status and rights recognized again. Even more harmul for these minority groups has been similar nationalist agenda of bigger, right-center parties, such as the Slovenian Democratic Party. Member of these parties several times voted against legislation which would enable the erased residents, belonging to other nations of former Yugoslavia, to gain their status back. Their leaders have been expressing hate speech against the erased residents while the leader of the Slovenian National Party Zmago Jelincic has been repeatedly involved in agressive, offensive and hostile campaigns against Roma rights. For one such incident during the TV show on national television in 2006 a criminal complaint has been lodged against him.

      On local level in the city of Novo Mesto a member of the Slovenian Democratic Party Silvo Mesojedec has been a leader and initiator of many campaigns and actions against interest of Roma community in that area for many years.

      Recently, in December 2011, the Slovenian Democratic Party was subject of a criminal complaint for the article published on its web site after the parliamentary elections in which the voters belonging to other nations of former Yugoslavia have been racially profiled.

       


      Sources:

      Slovenian Nationalist Party, http://en.wikipedia.org/wiki/Slovenian_National_Party, Date of access: 3.1.2012.

      Slovenian Democratic Party, http://en.wikipedia.org/wiki/Slovenian_Democratic_Party, Date of access: 3.1.2012.

      Racist Extremism in Central and Eastern Europe, chapter on Slovenia by Tomaz Trplan, Routledge, 2005.

      The Erased, http://en.wikipedia.org/wiki/The_Erased, Date of access: 3.1.2012.

      The Scars of the Erasure, eds. Neza Kogovsek and Brankica Petkovic, Peace Institute, 2010, http://www.mirovni-institut.si/data/tinymce/Publikacije/brazgotine%20izbrisa/The%20Scars%20of%20the%20Erasure_web.pdf, Date of access: 3.1.2012.

      Slovenian Press Agency on hate speech in TV show by SNS leader, http://www.sta.si/vest.php?s=s&id=1111667 and http://www.sta.si/en/vest.php?s=a&id=1112502, Date of access: 3.1.2012.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Political discourse -parties - orgs

      External Url http://en.wikipedia.org/wiki/Slovenian_National_Party, http://en.wikipedia.org/wiki/Slovenian_Democratic_Party

      See other countriesSee indicator history
    • Is hate speech/racist-xenophobic discourse a wider, more 'mainstream', phenomenon in the political sphere?

      Yes. It has been generated around adoption of legislation or actions related to status and rights of particular minority groups - communities of other nations of former Yugoslavia (including the erased residents), Roma, Muslims and GLBT. Most explicitly it has been expressed by smaller parliamentary party – the Slovenian National Party, but also  occassionaly  in more subtle way by right-center parties of major influence.

      Qualitative Info

      Hate speech in political discourse on Roma was expressed in case of adoption of amendments to national legislation on local self-government (2003) through which 20 municipalities in Slovenia with traditional Roma community have been obliged to elect Roma representative in a municipality council. Members of the Parliament from various political parties used expressions through which Roma were racially profiled and denied recognition of their existence, status and rights. Such political discourse followed after the adoption of national legislation also in local political environments, especially in municipality Grosuplje where disrespect for the provisions on obligation to elect Roma representative has been challenged through the courts and finally ended only in late 2010.
      The Slovenian National Party and its leader Zmago Jelincic have been involved in expressing most hostile political discourse towards Roma in the Parliament, including the case in 2007 in which the party submitted in the parliamentary procedure a bill denying minority rights to Roma community. The case of forced removal of Roma family Strojan from their settlements in 2006, and the actions of the police and other state bodies in that case initiated lot of political debate and hate speech towards Roma.
      Another significant case of hate speech generated by political groups has been the case of members of other nations of former Yugoslavia who were illegaly erased from the register of residents of newly independent Slovenia in early 1992 and for many years tried to use political and legal ways to gain their status and rights recognized again. Their legal battle included several attempts to achive adoption of appropriate legislation to return their residence status, the latest in 2010. The discussions in the parliament around the legislation, interpellation against the minister who submitted the legislation to return the status to the erased, and the national referendum on the legislation on the erased were the cases in which nationalist and xenophobic political discourse were generated in the parliament and in the media by political representatives.

      On local level the procedures of adoption of urban plan in the Ljubljana City Council which provides space for building the mosque triggered a political discourse hostile to Muslims. In 2008 a member of the city council Mihael Jarc requested a national referendum on the issue of architecture and size of minaret , but the initiative was refused by the mayor of the city.
      Attempts to introduce changes of legislation on family relations, giving equal rights to GLBT, caused hate speech and racist discourse on gays and lesbians by right-centrist political groups, represented in the parliament. The family act adopted in the parliament in 2011 (during the left-centre government) will be challenged on national referendum in 2012, giving space for political debate and hate speech towards sexual minorities.
      Recently, the Slovenian Democratic Party, one of the biggest parties, second by number of votes achived at the parliamentary elections in early December 2011, was subject of a criminal complaint for the article published on its web site after the parliamentary elections in which the voters belonging to other nations of former Yugoslavia have been racially profiled.


      Sources:

      Intolerance Monitoring Report, Peace Institute, 2002, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/02/, Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2003, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/03/, Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2004, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/04/, Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2005, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/05/, Date of access: 4.1.2012.

      Registration of same sex unions in Slovenia, http://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Slovenia, Date of access: 4.1.2012.

      Ljubljana Mosque, http://en.wikipedia.org/wiki/Ljubljana_Mosque, Date of access: 4.1.2012.

      The Erased, http://en.wikipedia.org/wiki/The_Erased, Date of access: 4.1.2012.

      The Scars of the Erasure, Peace Institute, 2010, http://www.mirovni-institut.si/data/tinymce/Publikacije/brazgotine%20izbrisa/The%20Scars%20of%20the%20Erasure_web.pdf, Date of access: 4.1.2012.

      Roma, Human Rights Press Point, Peace Institute, 2008, http://www.humanrightspoint.si/node/12, Date of access: 4.1.2012.

      Groups affected/interested

      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Political discourse -parties - orgs

      External Url http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/05/

      See other countriesSee indicator history
    • Nation-wide organisations that express racist or xenophobic sentiments/discourse in the form either of hate speech or promote an anti-migrant and/or anti-minority agenda

      Yes, some of them are political parties, others are associations.

      Organisations Slovenian National Party (SNS), Crni Panter, Hervardi, etc.

      Qualitative Info

      The Slovenian National Party (SNS), established in 1991, represented in the parliament from 1992 to 2011, promotes racist and xehonophobic attitudes and advocates anti-minority and anti-migrant agenda. Its controversial leader Zmago Jelincic, known for his big collection of guns, has been involved in violence against members of minority communities from former Yugoslavia in early 1990s  (for short period he even organised a para-military unit). Later, in 2005, the party was inolved in an incident with the written threat to the erased residents (belonging to nations of former Yugoslavia in Slovenia) with machine gun displayed on the  SNS office door in the parliament. In number of occassions in the parliament and in the media the Slovenian National Party and its leader have promoted most extreme anti-Roma attitudes and measures (including the bill which denies right to minority protection to Roma). According to some statistics it has 5.500 members. In early 1990s it managed to gain even 10% of votes  at the parliamentary elections (12 seats out of 90 in the parliament), at later elections it has been constantly gaining 4-5 seats, but in December 2011 didn't managed to reach the parliamentary treshold.

      Other political parties with open xehophobic, racist or nationalist agenda have disappeared or become irrelevant in the political sphere after 1990s; the list includes parties like: the Slovenian National Right, National Party of Labour, Republicans of Slovenia etc.

      Several associations and groups promote racist or xehonophobic sentiments, some of them like Slovenian affiliation of the organisation Blood & Honour have been occasionally camuflaged under other names or tranformed into other  similar institutional  and ideological frameworks, therefore it has been difficult to trace them. Some other associations are working publicly, claiming their profile as "patriotic" and not xenophobic. They work through camps, publishing of books and music (revitalisation of historical national symbols, myths and patriotic songs) grafitti, distribution of T-shirts with controversial symbols, sport activities (Airsoft in Paintball),  sometimes through street rallies, gatherings on the occassion of historical events etc. Their presence, including online, is associated with anti-migrant, anti-Muslims, anti-Roma agenda. Such organisations are "Crni panter" with its project "Tukaj je Slovenija" ("This is Slovenia"), Hervardi and others. It is not clear how big is the membership of these groups and associations, but according to some online contributions of their members there are dozens of members in each organisation, and altogether several hundreds of such activists in Slovenia. According to available information, the membership is composed mainly from young men.

      Their engagment in public space have been demostrated through their attacks on students at two faculties in Ljubljana during the anti-facist student manifestations. In response to their appearance. It has been responded by various new manifestations of anti-fa youth movement. The confrontations includes grafitti war on the streets of Ljubljana.

      The violent attacks on members of Roma community - the bomb attack in which two women were killed in Dobruska vas (2005), and the mob attack on the Roma family Strojan (2006)  can not be directly connected to the activity of any of the above mentioned political parties or associations, although we can say that the ideas they promote contribute to anti-Roma violence.


      Sources:

      The Slovenian National Party, http://en.wikipedia.org/wiki/Slovenian_National_Party. Date of access: 9.1. 2012.

      Project "Tukaj je Slovenija" ("This is Slovenia"), http://www.tu-je.si/. Date of access: 9.1.2012.

      Section on migrations within the web site of Hervardi Association, http://www.hervardi.com/migracije_na_slovenskem.php. Date of access: 9.1.2012.

      Article "Self-declared national-socialists initiated an incident", MMC RTV Slovenija, http://www.rtvslo.si/crna-kronika/samooklicani-nacionalsocialisti-povzrocili-incident/98874. Date of access: 9.1.2012.

      Article "Attack in front of the Faculty of Arts, alledgedly by neonazists", MMC RTV Slovenija, http://www.rtvslo.si/crna-kronika/napad-pred-filozofsko-fakulteto-slo-naj-bi-za-neonaciste/227526. Date of access: 9.1.2012.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Muslims
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Political discourse -parties - orgs

      External Url http://en.wikipedia.org/wiki/Slovenian_National_Party; http://www.tu-je.si/; http://www.hervardi.com/migracije_na_slovenskem.php

      See other countriesSee indicator history
  • Anti-racist Policies & Organisations

    In Slovenia there are no policies specifically targeting racism but there are few policies/programmes that concern racism and related ideologies through other fields such as migration and criminality. In Slovenia there are no NGOs whose principal objective is opposing/undermining racism and racist activities, although there are several NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased.

    • Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?

      While there are no policies specifically targeting racism, there are few policies/programmes that concern racism and related ideologies through other fields such as migration and criminality.

      Qualitative Info

      While there are no policies specifically targeting racism, there are few policies/programmes that concern racism and related ideologies through other fields such as migration and criminality.

      In 1999 the National Assembly adopted Resolucija o imigracijski politiki Republike Slovenije [Resolution on the immigration policy of the Republic of Slovenia]. The resolution also contains a section on integration, stating that  one of the goals of Slovenian  integration policy is freedom as a right to expression of cultural identity, respect of integrity and dignity of each individual to maintain his or her culture in accordance with the law and fundamental values of the Republic of Slovenia.

      In 2010 the Government of the Republic of Slovenia adopted Nacionalni program ukrepov za Rome za obdobje 2010 - 2015 [National Programme of Measures for Roma in the period of 2010-2015]. One section deals with awareness raising and fighting discrimination, providing activities for fighting discrimination and elimination of prejudices and stereotypes.

      The National Assembly adopted Resolucija o nacionalnem programu preprečevanja in zatiranja kriminalitete za obdobje 2007–2011 [Resolution on the national programme on elimination and reduction of criminality in the period of 2007-2011]. The section on urban criminality determines adequate policy against the culture of violence and against all types of inequality as a part of the solution when fighting this type of criminality.


      Source: http://www.uradni-list.si/1/content?id=19938; http://www.uvn.gov.si/fileadmin/uvn.gov.si/pageuploads/pdf_datoteke/Program_ukrepov.pdf; http://www.uradni-list.si/1/objava.jsp?urlid=200740&stevilka=2174

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-racism
      • Integration - social cohesion
      See other countriesSee indicator history
    • Has regional/local governance made a significant attempt at combating racism and related ideologies?

      All relevant activities take place on the national level.

      Qualitative Info

      All relevant activities take place on the national level.

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • In your country are there any non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity?

      In Slovenia there are no NGOs whose principal objective is opposing/undermining racism and racist activities, although there are several NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased.

      Qualitative Info

      In Slovenia there are no NGOs whose principal objective is opposing/undermining racism and racist activities, although there are several NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased.

      Groups affected/interested

      • Migrants
      • Refugees
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic
      • Nationalism
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity

      In Slovenia there are no NGOs whose principal objective is opposing/undermining racism and racist activities, although there are several NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased.

      Qualitative Info

      In Slovenia there are no NGOs whose principal objective is opposing/undermining racism and racist activities, although there are several NGOs who tackle racism through performing advocacy for migrants (Slovenska filantropija [Slovene Philantrophy]), asylum seekers (Pravno-informacijski center nevladnih organizacij – PIC [Legal Informational Centre for NGOs – PIC], Slovene Philantrophy) and the erased (Mirovni inštitut [The Peace Institute]).


      Source: http://www.filantropija.org/; http://www.pic.si/; http://www.mirovni-institut.si/

      Groups affected/interested

      • Migrants
      • Refugees
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Nationalism
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Are there examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies?

      While there are no policies specifically targeting racism, NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased contribute to better solutions through participation in the process of drafting of legislation concerning their target groups such as Aliens Act and International Protection Act.

      Qualitative Info

      While there are no policies specifically targeting racism, NGOs who tackle racism through performing advocacy for migrants, asylum seekers and the erased contribute to better solutions through participation in the process of drafting of legislation concerning their target groups such as Aliens Act and International Protection Act.


      Source: http://www.cnvos.si/article/id/218/cid/86

      Groups affected/interested

      • Migrants
      • Refugees
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is there a direct participation of anti-racist, anti-discrimination and victim group organisations in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and/or policies?

      Yes.

      Qualitative Info

      In August 2011 NGOs active in the field of promotion of equality and protection against discrimination elected an NGO representative and deputy representative to participate in the Interdepartmental Working Group  for preparation of amendments of Zakon o uresničevanju načela enakega obravnavanja [Act Implementing the Principle of Equal Treatment] that also contains a prohibition of race, ethnic origin and religious discrimination.

      NGOs also have three representatives in the Government-established Svet Vlade RS za uresničevanje načela enakega obravnavanja [Council for the Implementation of the Principle of Equal Treatment] as expert and consultative body for implementation of the principle of equal treatment, monitoring and evaluating the position of individual social groups.


      Source: http://www.uem.gov.si/si/posvetovalna_in_delovna_telesa/svet_vlade_rs_za_uresnicevanje_nacela_enakega_obravnavanja_2009_2013/; http://www.cnvos.si/article/id/4028/cid/24

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Key socio-economic / Institutional Areas

      • Political participation
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Are there NGOs - other civil society organisations supporting victims of discrimination on the grounds of race, ethnic origin and religion in court?

      No.

      Qualitative Info

      There are no NGOs supporting /representing victims of discrimination on the grounds of race, ethnic origin and religion in court.

      In general, according to Article 23 of Zakon o uresničevanju načela enakega obravnavanja [Act Implementing the Principle of Equal Treatment], NGOs may participate in court and administrative proceedings in accordance with the law. This means that general legal provisions from other procedural acts (Civil procedure Act, Criminal Procedure Act etc.) apply for participation of any NGOs, associations, trade unions or other organizations in such proceedings. According to these acts, these organizations as legal persons cannot represent the victims in courts as they are not law firms which are the only legal persons that are allowed to represent in court. Victims can only be represented by an individual working at or engaged in such association, trade union or an NGO, providing that he or she meets the conditions for providing legal representation before courts (except for civil procedure before local courts legal representatives can only be advocates or persons who passed the bar exam).

      With regard to third party intervention in legal procedures the same rules apply to the NGO, the Advocate of the Principle of Equality or any other legal or natural person who is interested in intervening as a third party. The courts have discretionary power to allow intervention of the third party.


      Source: http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
  • Policing - Law Enforcement - Justice

    The police receive training in the field of human rights, including non-discrimination and policing a multicultural society. There is no legal definition of ethnic profiling, although ethnic profiling is not allowed. There are cases showing that racial profiling does occur within the Slovenian police.

     

  • Employment

    The data show a higher unemployment rate of third country nationals comparing to the general population. Households of third country nationals have a lower annual income comparing to nationals. Slovenian trade unions do not work on recruiting or supporting the rights of minority groups, but there are trade unions supporting migrant workers. In general citizenship is not a condition for employment in public sector, but is a condition for nomination in a specific title.

     

    • Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?

      No, the trade unions do not work on recruiting or supporting the rights of minority groups.

      Qualitative Info

      No. The trade unions in Slovenia do not carry out any specific activities aimed specifically or exclusively on minority groups. No such activities are reflected in their websites or in their public statements which are otherwise quite common and address mainly the issues encountered by the general population or in some cases migrant workers, as reported under question RED58.  

      See other countriesSee indicator history
    • Do the trade unions engage in specific activities recruiting or supporting/defending the rights of migrants groups?

      Yes, the trade union which is most active in Slovenia in relation to migrant workers is the Union of Free Trade Unions of Slovenia.

      Qualitative Info

      The Union of Free Trade Unions of Slovenia is a trade union with the most visible activities aimed at support to migrant workers. Their activities include raising awareness of the public on the effects of economic crisis on migrant workers, on the violation of labour and social rights of migrant workers, providing advice for them and commenting on policy measures in this field. Since 2010 the Union is implementing a project in cooperation with an NGO Slovene Philanthropy titled ‘Integration package for unemployed migrants, refugees and asylum seekers’. The project enabled the employment, training and empowerment of advocates for migrants, asylum seekers and refugees who advise unemployed individuals from these groups in relation to their labour rights and support them in their search for new employment. The project also includes study visits and networking with trade unions working with migrant workers in other European states. Within this project the Union is issuing a monthly bilingual (in Slovenian and Bosnian) Migration Newsletter which includes information on useful information for the migrant workers, latest legislative and policy developments in this field and data on violations of the rights of migrant workers.

       

      During the project, the organisations reported various violations affecting migrant workers including:

       

      - deregistering workers during the employment relationship without giving notice and without informing the workers who found out about their situation upon visiting healthcare institutions,

      - in case of temporary layoffs, workers receive no payments and are also deregistered from insurance schemes,

      - probationary employment without contracts and insurance and, at the end, without payment,

      - payments in cash and without issued pay slips (e.g. payments on piece of paper), when it is not known if contributions have been paid,

      - overtime work, including contributions, not paid as such, but expressed as costs related to transportation to work,

      - the same employer once calculates and pays contributions, then calculates, but does not pay them, while the next time contributions are neither calculated nor paid,

      - employment of so called “tourists”, that is – persons who legally reside in Slovenia but do not have work permits, mostly in construction and forestry,

      - unpaid wages or irregular payments,

      - unpaid holiday pay or forcing workers to give up holiday pay,

      - overtime work over daily, monthly and yearly limits, which is not paid as overtime work,

      - pay cuts without workers’ consent (a so called “recession tax”),

      - work-related injuries not reported, while injured workers are deregistered from insurance scheme, and sent to their country of origin without compensation for sick leave or any compensation,

      - borrowing of workers between employment agencies to avoid permanent employment of workers,

      - employment of migrant workers without medical examination, without passed exams on health and safety at work,

      - health and safety equipment not provided to workers,

      - forging workers’ signatures on contracts or agreements on the termination of employment, and deregistering of workers from insurance schemes,

      - the recruitment of workers by the empty promises and sending them as seconded workers to sites in Western European countries, particularly Germany, where they work well over 200 hours per month, without proper contracts of employment. They work for a much lower hourly rates than those in the receiving State, without payroll contributions paid and at the end even without a salary, while being charged significant sums for sleeping in containers.


      Source:

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.zsss.si/index.php

      See other countriesSee indicator history
  • Housing & Segregation

    Migrants in Slovenia are excluded from non-profit housing, there are numerous dormitories intended solely for migrant workers. The Roma are a minority group where segregation is most visible, most of the Roma population lives in segregated settlements (slums) in rural areas, in living conditions that are far below minimum standards. Problems are insecurity of tenure and problems with accessing basic infrastructure such as water, sanitation and transport facilities.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      Yes, migrants are excluded from non-profit housing and there are numerous dormitories in Slovenia intended solely for migrant workers.

      Qualitative Info

      According to the Housing Act, only Slovenian citizens, migrants under the principle of reciprocity and EU nationals with permanent residence in Slovenia have the right to apply for non-profit housing. Consequently, third country nationals are excluded from non-profit schemes. As this also concerns third country nationals with a permanent residence permit, Slovenia is in violation of the Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents as well as the European Social Charter (revised).

       

      De facto segregation of migrant workers was and still is a big problem in Slovenia. Large numbers of migrant workers were accommodated in dormitories owned by the companies who employed them. Migrants had to pay these companies a rent for the apartment, and they were obliged to stay in these dormitories. The payments of rents were deducted from their salaries. If they wished they could find private accommodation, however, at the expense of an additional rent. The hygienic and living conditions in these dormitories were at times appalling. The situation reached a peak in 2009 and 2010 when due to the economic crisis that affected the construction sector causing many migrants to lose their job making them unable to pay for housing. Only in 2011 when a new Employment and Work of Aliens was adopted it included a provision obliging the employers who also offer accommodation for migrant workers to respect minimum standards of the premises.

       

      Source:

      Housing Act (Stanovanjski zakon, SZ-1), Official Gazette of the Republic of Slovenia, no. 69/2003.

      Employment and Work of Aliens Act (Zakon o zaposlovanju in delu tujcev, ZZDT-1), Official Gazette of the Republic of Slovenia, No. 26/2011.

      Mozetič, Polona. Worker's dormitories : from private property to public forum and back again. In: KIRN, Gal (ur.), KRALJ, Gašper (ur.), PIŠKUR, Bojana (ur.). New public spaces : dissensual political and artistic practices in the post-Yugoslav context. Maastricht: Jan van Eyck Academie: Moderna galerija, 2009, str. 49-62.
       

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.uradni-list.si/1/objava.jsp?urlid=201126&stevilka=1152

      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated migrant group?

      Precise data on ethnic origin of segregated migrant group is not available. Hwever, the largest group of migrant workers in Slovenia are workers from Bosnia and Herzegovina.

      Qualitative Info

      Precise data on ethnic origin of segregated migrant group is not available, however, it can be assumed on the basis of statistics of country of nationality of all migrant workers in Slovenia. The largest number of immigrants in Slovenia comes from countries of former Yugoslavia, predominantly from Bosnia and Herzegovina. According to official statistics, on 31 August 2011 there were 21.043 foreigners from Bosnia and Herzegovina residing in Slovenia on the basis of a temporary residence permit (out of 46.638 in total). 5465 were from Kosovo, 4956 from Croatia, 4841 from Serbia, and 4239 from Macedonia. Historically, the Western Balkans was the main pool of workers needed in the Slovenian labour market. The outbreak of economic crisis and the protective measures imposed by the government, however, had an impact on the levels of migration, and Slovenia recorded, for the first time in years, negative net migration from abroad in 2010.

       

      Source:

      Data available on the web page of the Ministry of the Interior, www.mnz.gov.si/fileadmin/mnz.gov.si/pageuploads/DMI/SMZ/Nameni_oziroma_razlogi_prebivanja_drzavljanov_tretjih_drzav_31082011_.doc (25 October 2011).
       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url www.mnz.gov.si/fileadmin/mnz.gov.si/pageuploads/DMI/SMZ/Nameni_oziroma_razlogi_prebivanja_drzavljanov_tretjih_drzav_31082011_.doc

      See other countriesSee indicator history
    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      A minority group with which segregation is most visibel is the Roma community. 

      Qualitative Info

      A minority group with which segregation is most visibel is the Roma community. According to the Amnesty International Report, most of the Roma population in Slovenia lives in segregated settlements (slums) in rural areas, in living conditions that are far below minimum standards. Problems pertaining these settlements are insecurity of tenure and problems with accessing basic infrastructure such as water, sanitation and transport facilities. The estimation of the number of Roma in Slovenia is between 7.000 and 12.000 (0,5 % of the population). Most of them are concentrated in southeast regions Dolenjska, Posavje and Bela Krajina and in northeast region Prekmurje. Some also live in urban areas, such as Ljubljana, Maribor and Velenje. There are 105 Roma settlements in Slovenia where around 9000 Roma people live (as estimated). There are no similar data on segregation of other ethnic groups in Slovenia.

       

      Sources:

      Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

      Spatial problems of Roma settlements in Slovenia, Expert group for Roma settlements, Ministry of Environment and Spatial Planning, 2010, available at  http://www.mop.gov.si/fileadmin/mop.gov.si/pageuploads/publikacije/drugo/prostorski_problemi_romskih_naselij_elaborat.pdf.
       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      • Daily life

      External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated minority group?

      A minority group with which segregation is most visibel is the Roma community.

      Group Roma community

      Qualitative Info

      A minority group with which segregation is most visibel is the Roma community. According to the Amnesty International Report, most of the Roma population in Slovenia lives in segregated settlements (slums) in rural areas, in living conditions that are far below minimum standards. Problems pertaining these settlements are insecurity of tenure and problems with accessing basic infrastructure such as water, sanitation and transport facilities. The estimation of the number of Roma in Slovenia is between 7.000 and 12.000 (0,5 % of the population). Most of them are concentrated in southeast regions Dolenjska, Posavje and Bela Krajina and in northeast region Prekmurje. Some also live in urban areas, such as Ljubljana, Maribor and Velenje. There are 105 Roma settlements in Slovenia where around 9000 Roma people live (as estimated). There are no similar data on segregation of other ethnic groups in Slovenia.

       

      Sources:

      Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

      Spatial problems of Roma settlements in Slovenia, Expert group for Roma settlements, Ministry of Environment and Spatial Planning, 2010, available at  http://www.mop.gov.si/fileadmin/mop.gov.si/pageuploads/publikacije/drugo/prostorski_problemi_romskih_naselij_elaborat.pdf.

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      • Daily life

      External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

      See other countriesSee indicator history
    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Only citizens of Slovenia have access to non-profit rented housing which disproportionately affects minority ethnic groups. There are numerous documented cases of Roma who were prevented from buying or renting real estate property.   

      Qualitative Info

      According to the Housing Act, only Slovenian citizens, migrants under the principle of reciprocity and EU nationals with permanent residence in Slovenia have the right to apply for non-profit housing. Consequently, third country nationals are excluded from non-profit schemes. The condition is therefore nationality and ethnic group, meaning that there is no direct discrimination on the grounds of ethnicity. The situation is different with regard to indirect discrimination, as such rules disproportionately affect people of non-majoritarian ethnic origin.

       

      According to Amnesty International, there are numerous documented cases when Roma families tried to purchase or rent property in order to secure their housing rights, but their attempts were blocked either by local communities or by individuals leaving these communities. Further, in most municipalities Roma families face barriers in accessing non-profit housing, which include lack of information, biased attitudes and discriminatory criteria for allocation. Further, since most Roma settlements have no security of tenure, they often face forced evictions. Several cases are documented. However, there is a lack of any comprehensive data on the number of forced evictions.  

       

      Source:

      Housing Act (Stanovanjski zakon, SZ-1), Official Gazette of the Republic of Slovenia, no. 69/2003.

      Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

      See other countriesSee indicator history
  • Education

    High rate of school failure of Roma children as well as evidence of poorer educational performance of children with migrant background indicate most vulnerable groups in the educational system in Slovenia. The state and non-state actors develop measures and actions to improve  the situation.  Italian and Hungarian minorities are provided with right to education in mother languages. Other minorities in some cases can learn their mother languages as an optional subject.

    • Evidence of school segregation and/or policies of separate/distinct schooling of migrants

      No. There are only indicators that some schools are more or mostly attended by children with migrant background.

      Qualitative Info

      There are evidences that some schools, for instance an elementry school in Ljubljana "Osnovna šola Livada",,enrolls mostly children with migrant background (belonging to nations from other republics of former Yugoslavia). According to reports, 97 percentage of pupils in that school have such background while other children living in the school area are rather enrolled in other schools in the city (based on the decision of their parents). The parents of children with majority background from that area claim that they don't want for their children to accommodate to lower level of educational performance and expectations; they also complain that prevailing language in informal communication between pupils in that school is not Slovenian, therefore they see it as a threat for good command of Slovenian language for their children. There are requests by human rights organisation to authorities reponsible for education to address that issue and take measures to prevent de facto segregation of children with migrant background in that school.


      Sources:

      ECRI Report for Slovenia, 2006, http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/slovenia/SVN-CbC-III-2007-5-SVN.pdf. Date of access: 12.1.2012.

      Report on the meeting held within the project on inclusion of young migrants in the educational system in Slovenia, on 29. 9. 2009 in Ljubljana by the Slovenian Philanthropy, http://www.filantropija.org/news.asp?FolderId=147&ContentId=448. Date of access: 12.1.2012.

       

       

      http://www.centerslo.net/l2.asp?L1_ID=8&L2_ID=94&LANG=slo

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/slovenia/SVN-CbC-III-2007-5-SVN.pdf

      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of minorities

      Although officially abonded, in practice there are still cases of segregation of Roma children in kindergartens and elementary schools.

       

      Qualitative Info

      In the past, it was common practice in Slovenia to form homogeneous (separate) classes for Roma children  in kindergartens and  in all classes in elementary schools, especially at the beginning of schooling. According to another model it was practice to separate Roma children in case of classes of Slovenian language, mathematics and natural plus social science while in other classes they were together with other students. Formally these practices have been abandoned since the school year 2003/2004 because the legislation was adopted where forms of differentiation are explicitly destribed without giving legal possibility for separate classes for Roma children.

      Still, in practice, the form of differentiation allowed by legislation are applied in a way to separate Roma pupils in some classes from other children. The law allows to organise work with pupils from 1 to 9 grade in different groups according to their capabilities (inner differentiation), to organise level instructions for pupils from 4 to 7 grade in case of Slovenian language, mathematics and foreign language (flexible differentiation) and to differentiate pupils in case of the same subjects  in grades 8 and 9 in various ways (level instructions, separate groups for instructions etc.). Since Roma pupils, having bad command of Slovenian language and facing other disadvantages, demonstrate lack  of adequate capabilities in many subject they are consequently differentiated in separate groups.

      The critical reports often refer to "Bršljin model", a model introduced after the conflict in an elementary school in Bršljin in 2005, where parents of majority pupils threatened with boycott requesting for Roma pupils to be sent to other schools. In fact the model  established  by the government to overcome the conlflict  (and criticized by experts and human rights groups) allows to the school to separate Roma from majority pupils based of different level of capabilities and knowledge.

      In Slovenia, there are also two kindergartens located in two Roma settlements (villages) - in Pušča and Brezje/Žabjak - which are attended only by Roma children.


      Sources:

      Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.

      Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011, http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.

      Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.

      Amnesty International Slovenia Report, 2010, Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010

      Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf

      See other countriesSee indicator history
  • Health And Social Protection

    In Slovenia the data on morbidity/mortality are not segregated by ethnicity or nationality. There is no evidence available on forced healthcare/intervention practices. Some information on specific health problems is available only in relation to Roma community. Access of migrants to social benefits depends on their legal status. Ethnic origin is not a condition to access social benefits, however, in practice there are instances of discrimination based on the ground of ethnicity.

  • Public Life, Culture, Sport & Media

    Self-identification is not sufficient for recognition of minority rights in Slovenia. Muslims face obstacles in exercising their religion having no mosque. Positive measures in the field of media vary substantially from minorities considered for traditional  to those considered for "immigrant" communities. Hate speech in public life is frequent and mostly connected with the issues raised in political debate. Racist chanting at sport events occurs on regular basis.

    • Media: Is there a visible presence (or absence) of members of target groups as media professionals?

      There is visible presence of media professionals with minority background, but in many cases they are engaged in the media production targeting minority audiences.

      Qualitative Info

      The biggest media employer in Slovenia is a national public service broadcasting organisation Radio and Television Slovenia, where separate units for production of programming for Italian and Hungarian community operate and employ media professionals from these communities.

      Similar situation is with Roma participation in the programming aired on national radio and televisions. Roma media professionals work in the production of the two shows/program items intended for Roma community.

      Very rarely media professionals with Hungarian, Italian or Roma background are visible within other programming than those intended for their communities.

      In the case of minorities from former Yugoslavia it is the case that media professionals with ethnic background in some of these communities, for instance Bosniak, Serbian, Croatian, Macedonian etc., are visible in the mainstream media, including national public service broadcasting organisation, and involved in coverage of various subjects. (On the other hand their communities are not provided with special programming within national PSB and have no professional media run by their associations.)


      Source:

      "Minorities and the Media in Slovenia" by Brankica Petkovic, a chapter in the book Media and Minorities in South East Europe, edited by Thomas A. Bauer, Vienna: South East Europe Media Organisation, 2006,   http://rci.mirovni-institut.si/Docs/Brankica_Petkovic.pdf. Date of access: 15.1.2012.

      Groups affected/interested

      • Roma & Travelers
      • National minorities

      Key socio-economic / Institutional Areas

      • Media

      External Url http://rci.mirovni-institut.si/Docs/Brankica_Petkovic.pdf

      See other countriesSee indicator history
    • Media: Frequency and relevance of hate speech incidents in public life (and media) and media representations against migrants and minorities?

      Hate speech incidents in public life are quite frequent,  targeting mostly ethnic and sexual minorities, often  in connection with the issues raised in political debate. Since recently, hate speech incidents on the Internet are considered more relevant and as such addressed more systematically by various institutions.

      Qualitative Info

      Hate speech incidents in public life in Slovenia have been most often generated through political debate, especially when the situation and rights of certain minority are subject of political decision-making. The media are providing space for confrontations of political views in a way to legitimate discriminatory discourse and hate speech. They are also sometimes, especially some media outlets and some media professionals, engaged in reproduction of stereotypes and racial profiing of minorities in own assessments, analysis and commentaries.

      Most often target of hate speech in public life are Roma, national minorities from other republics of former Yugoslavia (Bosniaks, Serbs, Croats etc.), including the erased residents, but also Muslims, gay and lesbians etc.

      The situation of Roma and the attempts to introduce measures to provide their participation in pubic life, integration and better living conditions have been challenged by certain political groups, local activists and media advocates in a way to generate hate speech and even violence. The Roma have been often represented as a problem and a threat for the social, economic and cultural order. It has been especially the case when Roma families try to settle in certain local environment or when neighbouring residents complain about them and make efforts to remove them from the area. The case of eviction of Roma family from their village in Ambrus in 2006 was one of such cases in which hate speech was generated and negative portrayal of Roma provided by political, local and media actors.

      The erased residents of Slovenia (belonging to other nations of former Yugoslavia) have been often object of hate speech and negative potrayal (presented as a threat for national security) when the regulation of their status was on political agenda.  In connection with the adoption of urban plan in Ljubljana which provides location for building the mosque, the Muslims have been target of hate speech by various groups and speakers.

      For analyses of hate speech and intolerance in Slovenia the notion of "Non-Slovenians" (Neslovenci) and "Southerns" (južnjaki) is very relevant since for decades it implies meanings of inferiority and primitivism and is associated with national minorities from former Yugoslavia. Most recently, after the December 2011 parliamentary elections in which a political party led by a politician whose ethnic background is partly in Serbia gained the biggest support, the racial potrayal of the voters belonging to national minorities from former Yugoslavia (to whom attributes of inferiority and primitivism were associated) was published on the web site of the one of the biggest  parties which led the government in 2004-2008.

      At the same time, there is number of public voices arising from liberal political groups, academic institutions, civil society organisations and the media organisations which have been responsive and critical to hate speech in public life in Slovenia.


      Sources:

      "Media represetations of minorities", a chapter by Roman Kuhar in the book Media for Citizens, Peace Institute (Media Watch), Ljubljana, 2006, http://mediawatch.mirovni-institut.si/media4citizens/studije/kuhar_eng.pdf. Date of access: 15.1.2012.

      "Balancing the Roma voice : the Ambrus drama and media construction of intercultural dialogue in Slovenija" by Ksenija H. Vidmar, Julija Sardelic and Miro Samardzija, in Balancing the Roma voice : the Ambrus drama and media construction of intercultural dialogue in Slovenia, Faculty of Arts, Ljubljana, 2008.

      Hate Speech in Slovenia, by Tonči Kuzmanić, Open Society Institute - Slovenia (Media Watch), Ljubljana, 1999, http://mediawatch.mirovni-institut.si/eng/mw04.htm. Date of access: 15.1.2012.

      We About the Roma, by Karmen Erjavec, Sandra B. Hrvatin and Barbara Kelbl, Open Society Institute - Slovenia (Media Watch), Ljubljana, 2000, http://mediawatch.mirovni-institut.si/eng/we%20about%20the%20roma.pdf. Date of access: 16.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2002, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/02/. Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2003, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/03/. Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2004, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/04/. Date of access: 4.1.2012.

      Intolerance Monitoring Report, Peace Institute, 2005, http://mediawatch.mirovni-institut.si/nestrpnost/porocilo/05/. Date of access: 4.1.2012.

      The Scars of the Erausre, eds. Neža Kogovšek and Brankica Petković, Peace Institute, 2010, http://www.mirovni-institut.si/data/tinymce/Publikacije/brazgotine%20izbrisa/The%20Scars%20of%20the%20Erasure_web.pdf. Date of access: 15.1.2012.

      Groups affected/interested

      • Roma & Travelers
      • Muslims
      • Lesbian, Gay, Bisexual and Transgender
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Nationalism
      • Homophobia

      Key socio-economic / Institutional Areas

      • Media
      • Internet

      External Url http://mediawatch.mirovni-institut.si/media4citizens/studije/kuhar_eng.pdf.

      See other countriesSee indicator history
    • Sport: Racism, racist violence and hate speech in sporting venues (and reporting and policing thereof)?

      Some incidents of racist chants have been registered and several physical attacks between fans of the Slovenian and other national teams.

      Qualitative Info

      The anti-Gypsy chanting is considered common practice in the Slovenian sports. On general it doesn't target Roma individuals, but referees, rival players and fan groups.

      Occassionaly other minorities are target of racist chanting, including for instance chanting "Kill, kill Hungarians" at the football match  held in Maribor in 2009 within the first national league between a host, FC Maribor,  and FC Nafta Lendava, a club from the city where Hungarian minority lives.

      Also, in the course of sports events in Slovenia mutual insults and physical attacks between Slovenian and Croatian fans took place.

      There were also racist incidents affecting players with dark skin; such incidents include monkey sounds directed at black players whenever they touch the ball; bananas and other objects thrown onto the pitch;etc.

      Some incidents have been reported by the police and the media, and sanctioned by the national sports associations, but  in many cases the sports authorities claimed there have not been established mechanisms for the identification of perpetrators and their removal from the sports events.


      Sources:

      Racism, ethnic discrimination and exclusion of migrants and minorities in sport: A comparative overview of the situation in the European Union, 2010, http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf. Date of access: 19.1.2012.

      Preventing racism, xenophobia and related intolerance in sport across the European Union, Country Report Slovenia, 2009, Peace Institute.

      Groups affected/interested

      • Roma & Travelers
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Afrophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Sport

      External Url http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf

      See other countriesSee indicator history
    • Sport: Is hate speech ground for sanctions to sport clubs and applied/applicable in practice?

      Formally, most sports associations' statutes in Slovenia don't refer explicitly to hate speech as the grounds for imposing sanctions, but contain more general rules. However, in practice santions have been imposed for racist chanting.

      Qualitative Info

      According to the available data, the statutes of the national sports associations in Slovenia, except of basketball, are of general nature and do not speciffically address racism. In spite of this, two cases were identified in football where sanctions have been imposed due to racist misconduct involving fans. In 2009, in the case of chanting "Kill, kill Hungarians" during the football match in the first national league, the Football Association of Slovenia imposed sanctions on the host club. The club was fined with 1,640 EUR on the grounds of the security services bad work and the fans' misbehaviour. According to the sanction, the FC Maribor fans shall be forbidden access to stadium for the next home match if they fail to provide excuses in written to the rival club and its fans.

      On generally, the associations are given mandate to impose disciplinary sanctions agaist sports clubs. The Association Act, which was the basis for the establishment of a substantial majority of sports associations in Slovenia, stipulates that an association may be banned if involved in racist misconducts.

      There are no special regulations related to racism in sports. However, the current legislation contains provisions that are applicable to sports as well, including the Act Implementing the Principle of Equal Treatment, transposing the Racial Equality Directive.


      Sources:

      Racism, ethnic discrimination and exclusion of migrants and minorities in sport: A comparative overview of the situation in the European Union, 2010, http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf. Date of access: 19.1.2012.

      Preventing racism, xenophobia and related intolerance in sport across the European Union, Country Report Slovenia, 2009, Peace Institute.

      Article "FC Maribor fans have to provide excuses", Večer, 11.3.2009, http://web.vecer.com/portali/vecer/v1/default.asp?kaj=3&id=2009031105415260. Date of access: 19.1.2012.

      Groups affected/interested

      • Roma & Travelers
      • Africans/black people
      • National minorities

      Type (R/D)

      • Afrophobia
      • Nationalism
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Sport

      External Url http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf

      See other countriesSee indicator history