Civil society celebrates law set to strengthen public broadcaster’s independence

Introduction

New government tries to reverse democratic decline, but challenges remain

In the International Institute for Democracy and Electoral Assistance (IDEA) 2023 “Global State of Democracy” report, Slovenia has improved by 12 places since last year and is now ranked 24th. This improvement is due to the legalisation of same-sex marriage in 2022, legislative changes to toughen penalties for hate crimes and strengthen the protection of minority rights in January 2023, and the development of reforms to protect the independence of the media, which were adopted in May this year, as explained in more detail below.

This rating also represents improvements made with legalising same-sex marriage and proposals to strengthen media independence. Freedom House's “Freedom in the World” 2023 report classifies Slovenia as “free” with a global freedom score of 95/100. This rating is a sign of the efforts and endeavours of the recently elected government, the Freedom Movement (GS), and its leader, Prime Minister Robert Golob, to counteract the decline in the rule of law and the independence of the judiciary observed in recent years under the Slovenian Democratic Party (SDS). The assessment also takes into account the positive results resulting from the legalisation of same-sex marriage and the initiatives to strengthen the independence of the media.

Despite this improvement, however, there are still serious concerns about the state of press freedom, hostility towards journalism and corruption. In Transparency International’s (TI) Corruption Perceptions Index 2023, Slovenia ranks 41st out of 180 countries, its lowest ranking since 2013. Samo Bardutzky, head of the Slovenian section of TI, said: “After years of stagnation, recurring scandals, pressure on the media, civil society and independent institutions, this descent is predictable and a cause for concern.” The Slovenian Ministry of Justice responded to the ranking, stating that it does not necessarily reflect the actual situation in the country, but is “a perception indicator that shows how individuals perceive the state of corruption prevention.”

Freedom of Association

Civic participation under the new government: a mix of inclusion and exclusion at the hands of various politicians

Since the Freedom Movement coalition took power in 2022, the new government has sought to increase dialogue and cooperation with civil society organisations. In particular, the Ministry of the Interior introduced “new mechanisms for consultation and civil society participation” in relation to migration policy, and civil society organisations played an important role in shaping amendments to the Law on Public Service Broadcasting concerning the independence of the national broadcaster RTV Slovenia.

Although the new government has generally refrained from direct attacks on non-governmental organisations (NGOs), certain politicians have undermined them and excluded them from participation and dialogue. According to the “Rule of Law” report for 2023, prepared by the Civil Liberties Union for Europe (Liberties) and written in collaboration with Slovenian CSO Mirovni inštitut (Peace Institute), the Ministry of Health disregarded the demands of the civil society coalition Glas Ljudstva (Voice of the People) for a dialogue on public healthcare reform aimed at preventing further privatisation. The coalition organised several public rallies against the privatisation of the public healthcare system and campaigned for the protection of the public interest and patients' rights in the reform process.

Furthermore, Danijel Bešič Loredan, the Minister of Health and Deputy Prime Minister, branded these protests as “extremism,” despite Prime Minister Golob's attendance at a major protest in January this year.

As noted by Liberties and Mirovni inštitut in the report, the new 22-member advisory panel appointed by the government to assist the Prime Minister and the Minister of Health in steering the reform of the healthcare system does not include civil society experts who would oppose privatisation and “remind the government of its pre-election promises”.

Minister steps down after NGO funding scandal

In October 2023, Sanja Ajanović Hovnik, a prominent member of Prime Minister Robert Golob’s Freedom Movement, resigned as Minister of Public Administration in the wake of a controversy over a possible conflict of interest in connection with the allocation of funds for non-governmental organisations (NGOs) through a public call for financing amounting to more than ten million EUR.

The then minister first came under fire when the media revealed that she had taken part in a costly, extended trip to New York for the UN High-Level Political Forum on Sustainable Development in July 2023. Although three other ministries also took part in the forum, their combined expenditure was less than half of the amount claimed by Ajanović Hovnik’s delegation.

Soon after, another scandal arose in connection with the non-transparent distribution of public funding for NGOs. In March 2023, Ajanović Hovnik’s ministry launched an open call in which over ten million euros were to be awarded to civil society organisations for projects to “strengthen democracy and active citizenship”. In July, the Maribor-based daily newspaper Večer reported that the ministry had awarded over EUR 300,000 to the Maribor Institute for the Study of Gender Equality (IPES) as part of this call. The IPES is headed by Kaja Primorac, a close associate and former business partner of Minister Ajanović Hovnik.

Večer's report revealed that the Institute shares premises with a consulting firm co-founded by the Minister and Primorac. After assuming office, Ajanović Hovnik transferred her shares in the company to her mother, while Primorac assumed the role of director. Additionally, it emerged that the consulting firm, now partially owned by Ajanović Hovnik’s mother, assisted in drafting project proposals for several NGOs applying to the call, earning a seven per cent commission if funds were awarded by the Ministry.

Further suspicions of a conflict of interest arose when it was revealed that IPES Maribor only made the cut after the Minister intervened to redistribute funds among various sections of the call.

On 3rd October, former Prime Minister and leader of the SDS Party Janez Janša announced that his party would file a motion of censure against Ajanović Hovnik, a move that was also supported by the smaller of the two parties, the Christian Democratic "New Slovenia" Party (NSI). CNVOS, the Slovenian umbrella network of NGOs, and 14 other civil society organisations published an open letter to the Minister demanding her resignation. In response to the public outcry, Sanja Ajanović Hovnik resigned as minister on 6th October 2023. Although Prime Minister Golob had previously expressed his support for her, he did not oppose her resignation. On 9th October, NSI called on the parliamentary committee for the control of public finances to examine the controversial call and the distribution of funds.

The resolutions proposed by NSI were adopted with four votes in favour and three against. The Committee called on the Ministry to annul the tender and submit a comprehensive report detailing the documentation and criteria for project selection and explaining the decision to award funds to IPES Maribor.

Freedom of Assembly

Throughout the year, several protests and strikes were organised on various issues, including climate change, access to abortion, education, media independence and anti-government protests.

In May 2023, the Higher Education Union of Slovenia declared they would continue their strike as negotiations with the government on resolving last year’s strike demands had not progressed. previous year. Among the union's demands are regular salary adjustments to match inflation, equitable salaries for higher education teachers and medical specialists, adequate salary increases for all higher education employees, rectification of historical wage disparities, and fair evaluation of all positions within higher education. Strike actions were scheduled for May and June.

The strikes started in March 2022, initiated by education personnel across all levels, expressing dissatisfaction with their salaries and the government's approach toward the teaching profession.

On 1st June 2023, activists from the Voice of the People coalition organised an anti-government demonstration in Ljubljana. They organised a peaceful bicycle protest to denounce the government's alleged failure to fulfil promises made by Prime Minister Robert Golob when he took office in 2022. These promises related to problems such as high inflation, the rising cost of living, improving conditions for journalists and freedom of the press.

Pro-choice and anti-abortion activists face off, pro-choice activist fired from presidential council

On 7th October 2023, the annual “March for Life” was held in the Slovenian capital, Ljubljana, organised by anti-abortion group Zavod Mreža za življenje in enakopravnost (The Network for Life and Equality Institute). In response, pro-choice and feminist activists staged a counterprotest nearby. Police presence was notable, and both demonstrations concluded peacefully.

Before the rally, on 2nd October, the pro-life group organised a “memorial event” for unborn children in Zvezda Park, which is located in the city’s central square. They stuck flags in the ground “in memory of Slovenian children who lost their lives to abortion” and displayed a banner denouncing abortion as the “deliberate, inhumane termination of a person's life before birth”. This event also saw opposition from pro-choice groups. A video posted to the “March for Life” website shows a group of women removing the tops of the flags and throwing them on the ground to express their displeasure. While the pro-abortion activists claimed their property was being wilfully damaged, the women argued that there was no damage to the flags and that they could easily be returned to their original state.

Footage of the incident circulated on social media, sparking a heated debate. Among those seen in the video removing the flags was environmental activist Sara Štiglic, who at the time was a member of President Nataša Pirc Musar’s four-member Youth Advisory Council. In response to the controversy, Pirc Musar dismissed Štiglic from the council, denouncing the activist’s actions as an inappropriate infringement on freedom of expression, and citing her duty as president to promote a culture of dialogue within the nation. For her part, Štiglic claims that she was not given the opportunity to discuss her dismissal or provide an explanation for her actions. Subsequently, two other youth representatives resigned from the council in protest.

The president's move was praised by former Prime Minister Janez Janša and other conservative politicians, while Prime Minister Robert Golob and left-wing groups voiced their support for Štiglic.

Currently, Slovenia permits abortion within the first ten weeks of pregnancy.

Farmers protest environmental regulations

From March 2023, the Trade Union of Slovenian Farmers staged a series of protests against environmental and other restrictions on farming. In particular, they spoke out against environmental regulations, tax burdens and the latest controversial laws. This mobilisation was inspired by similar farmers’ protests in the Netherlands in 2022.

The primary demands of the farmers union include:

• “Realistic” environmental regulations
• Reduction of Natura 2000 sites
• Management of large carnivore populations
• Recognition of livestock farming as the cornerstone of sustainable agriculture
• Wholesale rejection of the 2022 EU regulation on the sustainable use of plant protection products.

After the first protest on 24th March, a working group was formed to negotiate the farmers’ demands with the government. However, by mid-April, the farmers union abandoned the talks and announced further protests as they felt their expectations had not been met. Anton Medved, chairman of the union, explained that they found the talks unsatisfactory.

Medved went on to say that the “last straw” was a recently passed animal welfare law that allows NGOs to monitor animal welfare on farms through “authorised animal protection officers” who would become qualified with only 40 hours of training. Farmers argue that the law is unreasonable, alleging that it was written by “radical environmentalists who are far away from farms”.

Another legislative development that triggered these protests was a recent judgement by the Constitutional Court that significantly restricted the use of pesticides in a water protection zone near Ljubljana. Farmers believe that the latest environmental policy in conjunction with the EU agricultural directives is affecting traditional farming practices.

As a result, around 1,500 tractors and thousands of farmers gathered on 25th April for another rally across the country to press their demands. This led to road blockades and traffic jams in Ljubljana.

Police use tear gas against protesters decrying gentrification at new cultural centre opening

In October, protests erupted against the opening of the new Rog Centre, which took the place of the former alternative social centre “Autonomous Factory Rog”. Police responded with force, using tear gas to disperse the demonstrators. One of the protesters was reportedly taken to the emergency room as a result.

The former Rog bicycle factory was abandoned in 1991 and gradually fell into disrepair. In 2006, students, activists and artists occupied the factory complex, secured and cleaned it, founding the “Autonomous Factory Rog”. They transformed the factory site into a self-managed social centre and set up studios, workshops, galleries and leisure facilities, among other things.

However, after a protracted legal battle, the Municipality of Ljubljana vacated the space in 2021 and evicted the residents. The eviction was forcibly and violently carried out by police and private security. As previously reported on the CIVICUS Monitor, police and private guards used excessive force against the residents of the factory, including tear gas and pepper spray, with 13 people detained and six left with injuries requiring emergency medical attention.

After the demolition of the factory, the city administration began construction on a luxurious new cultural centre on the site – the Rog Centre - which they claimed would similarly serve as a creative hub and co-working space for the people of Ljubljana.

The new Rog Centre was officially opened on 26th October. A private ceremony was organised for the opening, which was guarded by a special police unit, as the opening was accompanied by protests. The demonstrators denounced the privatisation and gentrification of the former alternative cultural space as well as the allocation of premises in the new Centre to “very wealthy bidders” from the inner circle of Mayor Zoran Janković. In addition, the protesters expressed concern that the 27 million euro project does not adequately address the increasingly pressing lack of accessible jobs for precarious cultural and creative workers in Ljubljana. The demonstrators also pointed out that only a quarter of the building is intended for creative purposes.

Attempts by the demonstrators to enter the building were thwarted by security forces. The police then intervened to disperse the crowd, also using tear gas. One demonstrator required medical treatment and was taken to the emergency room.

Despite this incident, the use of tear gas by police during protests remains uncommon in Slovenia, where the majority of demonstrations are peaceful.

Freedom of expression

Victory for media freedom as RTV independence law unblocked

The previous CIVICUS Monitor report for Slovenia (see here) highlighted concerns over the hostile working conditions faced by journalists and the lack of autonomy at Radiotelevizija Slovenija (RTV), the Slovenian public broadcaster.

23rd May 2023 marked the one-year anniversary of the strikes organised by journalists' organisations and trade unions to demand the independence of RTV. Days later, on 29th May, the Constitutional Court of Slovenia lifted a temporary suspension which had blocked the implementation of amendments to the Act on RTV Slovenia, aimed at strengthening the broadcaster’s editorial independence and protecting public media from political interference.

These amendments were first adopted by the new governing coalition in July 2022 and subsequently approved in a referendum in November, with a majority of 62 per cent. The law is set to restructure the management of RTV by merging two councils into a single 17-member decision-making body, the new RTV Council, which also includes members of civil society. In February 2023, the Constitutional Court had temporarily suspended the provisions related to the Council's formation. Now, following the Court's May ruling, the members of the Council, who had already been appointed, can assume their mandates. This development was celebrated by civil society organisations and press freedom advocates in Slovenia and beyond as a step towards media independence and freedom.

While the new government has taken a different approach to the media than its predecessor by no longer being hostile to independent journalists and taking steps to improve press freedom, right-wing media have continued to vilify civil society actors, attacking and smearing the new appointees to the RTV Council. For example, the right-wing Slovenian weekly Demokracija published an article in October 2023 in which it depicted the Council’s civil society representatives next to a picture of Hamas and labelled them “supporters of terrorists”.

LGBTQI+ rights

LGBTQI+ organisations celebrate the legalisation of same-sex marriage, but warn further efforts are needed

In ILGA-Europe’s 2023 annual report, which monitors the trends and achievements of European and Central Asian countries in relation to the human rights situation of LGBTQI+ people, Slovenia ranks 21st out of 49 countries.

The report highlights Slovenia’s introduction of marriage equality as a positive development. In July 2022, the Constitutional Court issued a ruling declaring that laws allowing marriage only between individuals of the opposite sex were unconstitutional and discriminatory. In a second judgement, the Court also ruled that married couples, regardless of their gender, can adopt children. It gave the National Assembly, the lower house of the Slovenian parliament, six months to amend the Slovenian Family Code accordingly. The new government under Prime Minister Golob soon drafted an amendment to the Family Code and put it to a vote in the National Assembly in October 2022. The amendment was adopted with 48 votes in favour, 29 against and one abstention. This was a historic step, as it made Slovenia the first country in Eastern and Central Europe to legalise marriage for same-sex couples.

Another development highlighted in the report was the successful collaboration between Legebitra, a Slovenian LGBTQI+ organisation, and law enforcement on a training programme to combat hate crime and establish LGBTQI+ liaison officers.

However, the report states that Slovenia needs to continue improving the legal and policy situation of LGBTQI+ people, setting out the following recommendations:

• “Reforming the legal framework for legal gender recognition to be fair, transparent, based on a process of self-determination and free from abusive requirements (such as GID/medical diagnosis or medical intervention) and depathologisation of trans identities.”
• “Adopting legislation to allow all individuals to have access to medically assisted insemination.”
• “Specifically including all SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds in policies designed to tackle hate crime.”