1. The Committee considered the initial report of Slovenia (CCPR/C/74/Add.1)
at its 1343rd and 1347th meetings, held on 20 and 22 July 1994,
and adopted 30/ the following comments:
At the 1355th meeting (fifty-first session), held on 28 July 1994.
Committee welcomes the initial report (CCPR/C/74/Add.1) and the
core document (HRI/Core/1/Add.35) of Slovenia and expresses its
deep appreciation to the State party for the constructive dialogue
engaged through a high ranking delegation. The Committee regrets
that the report did not provide sufficient information on the implementation
of the Covenant in practice and that it was not drawn up in accordance
with the Committee's guidelines for the preparation of State party
reports (CCPR/C/20/Rev.1). The Committee notes, however, that the
comprehensive additional information provided by the delegation
in its introductory statement and in the replies given to questions
raised in the course of the discussion enabled the Committee to
obtain a clearer picture of the human rights situation in the country
and make appropriate recommendations.
2. Factors and difficulties affecting the implementation
of the Covenant
Committee recognizes that Slovenia was created after the breakdown
of the former Yugoslavia and declared its independence only in 1991.
The Committee further recognizes that the remnants of authoritarian
rule have not yet been overcome and that several steps remain to
be undertaken in consolidating and developing democratic institutions
and strengthening the implementation of the Covenant. Recognized
obstacles stemming from the continuing armed conflict close to the
borders of Slovenia and the consequent influx of refugees, as well
as the intensity of the ethnic and religious conflicts in former
Yugoslavia, must be addressed in a manner compatible with respect
for the Covenant.
3. Positive aspects
Committee welcomes the fact that transition towards democracy and
pluralism has started in Slovenia.
Committee notes with appreciation the efforts undertaken to incorporate
human rights in the Constitution and to harmonize the national laws
with the Constitution, even though this process has not been completed.
Committee notes with appreciation the attitude of Slovenia regarding
its succession to the obligations of former Yugoslavia under the
Covenant, in declaring that it succeeded as from the date of its
independence. In this context, the Committee has also noted the
statement of the delegation that victims of violations of human
rights committed by the former regime are entitled to remedy by
the new State. The Committee welcomes the fact that Slovenia also
became a party to a number of international human rights instruments,
including the First and Second Optional Protocols to the Covenant.
Committee also welcomes the abolition of the death penalty and the
creation of the Office of the Ombudsman with authority to make recommendations
to safeguard the observance of human rights.
4. Principal subjects of concern
Committee is concerned that, while the Covenant may be given precedence
over legislative acts, its status vis-à-vis the Constitution
is not clearly defined. There appears to be little publicity given
to the provisions of the Covenant and the Optional Protocols and
the Covenant has yet not been invoked before the courts. The process
of harmonization of national laws with the Constitution has not
yet been completed and does not take into direct account provisions
of the Covenant.
Committee expresses its concern about remaining areas of discrimination
against women, particularly regarding the extent of their participation
in the conduct of public affairs, and the lack of information about
violence against women.
Committee notes with concern that the length of pre-trial detention,
which may extend up to six months under certain circumstances, does
not comply with the requirements of articles 9 and 14 of the Covenant.
Committee is concerned by the provision in the Code of Criminal
Procedure under which in specific cases accused juvenile persons
are not separated from adults, which may raise issues under article
10 of the Covenant.
Committee notes that the State party singles out Italians and Hungarians
for special protection as minorities, including the right to political
representation. Gypsies are also granted certain special protection
as a minority. While this protection is welcome, all minorities
are entitled to protection of their rights under article 27. Immigrant
communities constituting minorities under the meaning of article
27 are entitled to the benefit of that article.
Committee is concerned about the provisions of article 5 of the
Constitution relating to the protection of only ethnic Slovene emigrants
and migrant workers, which, implicitly, tend to establish a privileged
treatment in the Constitution for such Slovenes over other Slovene
citizens living abroad.
5. Suggestions and recommendations
Committee recommends that the legislative reforms presently under
way in Slovenia be expanded and intensified in order to ensure that
all relevant legislation is in conformity not only with the requirements
of the Constitution but also with the Covenant.
Committee emphasizes that the text of the Covenant and the Optional
Protocols should be translated into all languages spoken in Slovenia
and widely publicized so that the general public may be made fully
aware of the rights enshrined in the provisions of those instruments.
respect to the rights of women, the Committee believes that affirmative
measures should be taken to strengthen their participation in the
conduct of public affairs and in the economic and social life of
the country, as well as to ensure effective protection against violence
of all kinds.
Committee calls upon the State party to ensure that the maximum
period of pre-trial detention is significantly shortened in order
to comply with the requirements of articles 9 and 14 of the Covenant.
reference to freedom of conscience and religion, including the issue
of religious education, the Committee recommends that the State
party take into account the Committee's general comment No. 22 (48)
on article 18 of the Covenant.
Committee calls upon the State party to take appropriate measures
to ensure the full and equal enjoyment by all persons belonging
to minorities of their rights under article 27 of the Covenant.
It must also ensure that all persons, including members of minorities,
are entitled to receive the guarantees laid down in articles 25
and 26 of the Covenant. In this connection, the State party should
take into account the recommendations contained in the Committee's
general comment No. 23 (50) on article 27 of the Covenant.
Committee urges the Government to prepare its second periodic report
in compliance with the Committee's guidelines for the preparation
of State party reports (CCPR/C/20/Rev.1). The report should, in
particular, include detailed information on the extent to which
each right protected under the Covenant is enjoyed in practice and
should refer to specific factors and difficulties that might impede