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Regular Annual Report 2018

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Regular Annual Report 2018 REGULAR ANNUAL REPORT 2018 Ljubljana, April 2019 Advocate of the Principle of Equality Regular Annual Report for 2018 Foreword of the Head of the Institution, Advocate of the Principle of Equality 2018 was the second full operational year of the Advocate of the Principle of Equality as an independent body. This was a year of several milestones – both within and outside the new body. We began the year with a slightly increased budget (EUR 500,000), which allowed us to primarily focus on setting up the full infrastructure of the institution (premises, IT system, etc.) and human resource growth (hiring new employees). On 25 May 2018, we started operating as a fully independent body, as the Ministry of Labour, Family, Social Affairs and Equal Opportunities stopped providing administrative and technical assistance on this date. Thus, in the second part of the year, we met all requirements and started carrying out all the tasks necessary for legal and effective functioning of the body, completely independently. In June 2018, the European Commission issued recommendations to EU member states regarding the requirements and standards for work of equality bodies. These recommendations clearly list the tasks that equality bodies – such as the Slovenian Advocate of the Principle of Equality – must undertake, as well as the necessary requirements. On this basis, the Advocate has prepared an action plan and a financial plan, which represented a starting point for the revised budget for 2019. The new government listened to the arguments of the Advocate, and was one of the first in the European Union to implement the recommendations of the European Commission. This is undoubtedly a good sign. The significant increase of our budget for 2019 (EUR 1,100,000 annually) compared to the previous budget follows EU recommendations, and provides a good opportunity to complete the process of establishing the new institution. Such a decisive step towards supporting institutional protection from discrimination has not, and will not, remain unnoticed in Brussels. If many important decisions were made regarding infrastructure and human resources in the first half of 2018, the results were already noticeable in the second half in the scope and quality of work. By the end of 2018, we completed most of our backlog. We completed most reported cases from the period before the establishment of the new body and its first year of operations, as well as half of the cases reported in 2018. This Report presents activities of providing counsel and support, as well as consideration of discrimination complaints by individuals. Regarding these tasks, the body provides advice and assistance to those who are – or believe they are – victims of discrimination. We are already seeing the first successfully resolved cases, with perpetrators accepting our explanations and warnings, and eliminating discrimination. There are still some challenges ahead. The Council of Europe’s European Commission against Racism and Intolerance (ECRI) has studied the situation in Slovenia in the previous year, and will issue a report in June of this year. This report will show how this international institution assesses the state of protection from discrimination in Slovenia. As our experience so far shows, Slovenia does not yet have a sufficiently effective system for sanctioning those that, despite warnings, do not abandon their contentious practices. The applicable national legislation on the prevention and discrimination investigation states that the Advocate determines the existence of discrimination and issues a warning to the perpetrator, while inspectorates act as offence authorities. Our practice so far has shown that there are not enough inspectorates for all areas where discrimination occurs. We need a fundamental and multidisciplinary deliberation on how to upgrade our existing system, to make it more effective and transparent, also from the perspective of potential persons reporting rights violations, as our organisation was, ultimately, established for them. Although sanctioning perpetrators of gross violations in individual cases in accordance with the experience of other European countries makes sense, it is not sufficient to achieve broader societal change in the area of discrimination prevention. A more tolerant society and environment, where everyone – regardless of their personal circumstances and related special characteristics – feels equal, respected and included, can not be created only by sanctions. All parties in societal structure must be constantly encouraged. Using clear explanations of the problem of discrimination, we must repeatedly call on and invite people to avoid discriminating against others. These efforts also include various forms of awareness-raising for the general public and particular public segments, including public events often targeted at specific target groups. This year, the Advocate ii started making trips across Slovenia, meeting representatives of local communities, economic, social and related institutions, non-governmental organisations, and other agents of social life on the local level. We prepared an educational leaflet to inform the general public and promote dialogue on the problem of discrimination. In meeting with the highest representatives of the government, the Advocate presents discrimination- related issues and warns of the challenges he faces, both from a legal and practical perspective. The current government expresses an adequate level of understanding and support for the area of work of the Advocate and the needs of the institution. Per our initiative, ministries appointed contact persons in charge of monitoring the issue of discrimination, ensuring constant contact with our experts, who provide regular explanations and consultations to ministries in reviewing situations and preparing and implementing measures. Thus, the government can contribute to the prevention of discrimination on the systemic level and promote the enforcement of the principle of equality in practice. In the previous year, we continued our working meetings with various representative of civil society and groups directly affected by discrimination. Dialogue is the foundation of a relationship, and a good relationship is the starting point of good cooperation. What is true for government institutions, is also true for non-governmental organisations: progress is only possible if as many people as possible strive together for the common goal. The Report was designed to present the work performed in all three main departments of the institutions: in providing counsel and assistance to individuals, in decision-making processes and all activities undertaken in cooperation with non-governmental, local, governmental, national and international organisations. In the chapter on the consulting activities of the Advocate, the Report presents the work invested into providing consultations, as well as the scope of use and the results of these activities. In the systemic part, the Report follows the same logic, describing the work invested into preparing meetings, as well as the description of effects of this segment of Advocates activities. The body regularly monitors and implements most up-to-date European practices in its area of activity. This year, the Report includes EU recommendations for activities of equality bodies, and two special international reports on ethnic minorities and disability. By publishing translations of these documents, we wish to share, in the Slovenian setting, the material showing the analysis of circumstances in Slovenia as seen by others, from the outside. For every step forward, even in this area, it is essential that we look into a mirror now and then, and face what this look from the outside tells us. (How do other see us?) Only when we notice and identify something as a problem, can we begin thinking together about solutions and long-term changes that could prevent such problems. The translation of the report by the United Nations Special Rapporteur on minority issues highlights, among other issues, the importance of gathering data on minorities. Without such data, which represents an unavoidable step towards analysing the circumstances and defining the problems, it is not possible to plan and implement effective measures for their resolution. An opportunity for establishing the framework for data collection on equality has presented itself in adopting the new Personal Data Protection Act (PDPA). The second international document represents the translation of the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities regarding the initial Slovenian report on implementation of the Convention on the Rights of Persons with Disabilities (CRPD). These observations also indicate the need for changes of the existing system, including a change of understanding of the concept of disability and its scope. Slovenia is therefore facing many challenges in terms of protection against discrimination. If it responds appropriately and comprehensively, implementing the necessary creative adjustments, it will once again catch up to the most developed states, which have recognised equality as the key factor of social development. I would like to thank my dedicated team and everyone who worked with us in 2018. Miha Lobnik HEAD OF THE INSTITUTION, ADVOCATE OF THE PRINCIPLE OF EQUALITY Ljubljana, April 2019 iii Advocate of the Principle of Equality Regular Annual Report for 2018 Summary The 2018 Annual Report of the Advocate
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