Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work.Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period.Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion.The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions.Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers.The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. Previously the Committee requested the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2014. In its report, the Government declares that: (i) the illegal employment of third-country nationals continues to pose a challenge for the Government; (ii) the Council for the Integration of Aliens is active in the areas of the detection, prevention and sanctioning of undeclared employment and work of aliens; and (iii) the national authority to control undeclared employment was transferred to the Financial Administration (FURS) in August 2014. Within this context, the Committee notes the detailed information provided by the Government on the inspections carried out, the violations found, the offence procedures undertaken, the sanctions and fines imposed on employers (and workers), and warning notices issued concerning infringements of the Prevention of Undeclared Work and Employment Act, 2014. The Committee further notes that employers who have been found to have committed the offence of illegal employment of third-party nationals are entered on a list of employers who are excluded from public procurement procedures or have lost their right to public funds, including EU funds. In this regard, 27 employers were entered on this list for having committed the offence of illegal employment in 2016. The Committee notes that according to a Factsheet on undeclared work in Slovenia published by the European Commission in 2017, the transfer of major responsibility for identifying and preventing undeclared work to the FURS enabled utilization of seven FURS’s mobile units in identifying and preventing undeclared work and undeclared employment, increasing the effectiveness of the inspections and control in the field, through improved cooperation between the different authorities responsible for identifying, tackling and preventing undeclared work. Noting that the aim of the Convention is to protect migrants in an irregular or illegal situation from exploitation by employers, the Committee asks the Government to continue to supply information on the sanctions and measures taken against employers who violate the Prevention of Undeclared Work and Employment Act 2014 and the results achieved in the overall reduction of illegal employment. Please also provide information on the recommendations issued and the activities carried out by the Council for the Integration of Aliens, in regard to the detection, prevention and reduction of abuse in the labour market concerning undeclared employment and work of foreigners.

In its previous comment, the Committee requested information on the proposal to amend the Criminal Code with respect to the organization of irregular migration and on the measures being taken to address the increase in unauthorized stays and organized migration by means of deception, including anti-trafficking, and information on prosecutions and sanctions imposed. The Committee notes that section 308 of the Criminal Code was amended in 2017 to make the prohibited transfer or crossing of the state border by one or several aliens or enabling their illegal stay in the territory of the State, a criminal offence, which is punishable by up to five years imprisonment and by a fine. The Committee notes the detailed information provided by the Government on the criminal proceedings conducted, the convictions and the sentences imposed. The Committee also notes that under the International Protection Act No 16/17, victims of trafficking in human beings are identified as vulnerable persons with special reception needs. It further welcomes the activities carried out within the framework of the Action Plan for Combating Trafficking in Human Beings for the 2015–16 period. Underscoring the importance of not re-victimizing victims of trafficking, the Committee asks for information on the criminal sanctions and measures taken against persons facilitating trafficking in human beings. Please provide information on the activities undertaken in the framework of the more recent Action Plans for Combating Trafficking in Human Beings and the results of these activities. Please also provide information on any training and awareness-raising activities undertaken to improve detection, investigation and prosecution of traffickers in human beings and assistance provided to victims for their protection.

Article 8(1). Legal status in the case of loss of employment. The Committee notes the information provided by the Government in response to its previous direct request confirming that, according to section 56(2) of the Aliens Act, aliens’ valid temporary residence permits are not revoked provided that: (i) their employment or work is not terminated by their own will or through their own fault; and (ii) the aliens concerned must be entitled to unemployment insurance rights pursuant to the provisions of the act regulating the labour market.

Article 9(3). Costs of expulsion. The Committee recalls its previous comment expressing regret that section 84(1) and (2) of the Aliens Act had not been amended to bring the obligation of foreigners to bear the costs of expulsion into conformity with the requirements of the Convention. The Committee notes the Government’s indication that it is well aware of the concerns over the appropriateness of the provisions of section 84, and that it favours holding a broad discussion on amending the legislation with all interested stakeholders. The Committee must again note with regret that no action has yet been taken to amend section 84 relating to foreigners bearing the costs of expulsion. The Committee asks the Government once again to amend section 84 of the Aliens Act so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of the family, including the transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons that can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on non-discrimination and equality and measures for the integration of migrant workers in society. With reference to its previous request for information on measure to address racism and promote tolerance, the Committee notes with interest the adoption of the Protection Against Discrimination Act, 2016, which replaced and updated the Implementation of the Principle of Equal Treatment Act, 2004. The new Act provides protection against discrimination based on any personal circumstance including nationality, sex, race or ethnic origin, religion or belief, and social status, in areas of social life including work and employment, education, training, access to goods and services, social protection and social benefits. It further notes that section 10 of the Act prohibits inciting discrimination including delivering or disseminating racist, religious, national and sexually discriminatory appeals, inducing, abetting or inciting hatred and discrimination and broader public haranguing which promotes discrimination; and that section 12 addresses severe forms of discrimination including discrimination motivated by hatred or contempt for people with certain personal characteristics. The Committee welcomes the provision of Slovenian language courses to third-country nationals immediately upon their arrival in Slovenia and the significant number of certificates issued for the fulfilment of the requirements of these programmes provided pursuant to the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. The Committee also notes that within the framework of the National Programme for Equal Opportunities for Men and Women 2015–2020, migrant women are targeted in specific programmes to increase their social inclusion and reduce their risk of poverty. It further notes from the 2019 Report of the United Nations Special Rapporteur on minority issues (A/HRC/40/64/Add.1, paragraph 26) that a growing number of activities, campaigns and efforts were undertaken aimed at assisting adaptation and integration of migrants, asylum seekers and refugees and at dispelling negative stereotypes following the massive migration influx into the country in 2015 and the ensuring reactions. Noting that no specific policy on equality for migrants with nationals exists, the Committee asks the Government to provide information on the manner in which the Protection Against Discrimination Act (2016) and other programmes and measures have been implemented to promote equality of opportunity and treatment for migrant workers lawfully in the country with nationals in respect to the matters set out in Article 10, including the results achieved in relation to addressing racism and promoting tolerance and the integration of migrant workers, particularly non-European nationals. The Committee also asks the Government to continue to provide information on the programmes implemented under the amended 2012 Decree on ways and the scope of providing programmes of support for the integration of non-European nationals. Please also continue to provide information on the activities carried out by the Council for the Integration of Aliens with respect to migrant workers lawfully in the country.

Agreement between the Republic of Slovenia and Bosnia Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia. In its previous comment, the Committee requested the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement. The committee notes that the six-month break in residence of citizens of Bosnia and Herzegovina following the termination of their employment in the Republic of Slovenia does not in any way affect their opportunities for taking up new temporary employment in the Republic of Slovenia.

Article 14(a). Free choice of employment. The Committee refers the Government to its comments on free choice of employment under Article 6 of the Migration for Employment Convention (Revised), 1949 (No. 97).

Enforcement. Equality and human rights bodies. Previously, the Committee asked the Government to provide information on the measures taken to improve the access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, obtain remedies, and reduce under-reporting of discrimination cases. The Committee notes the information communicated by the Government concerning the Advocate of the Principle of Equality who carries out inspections, provides independent assistance to victims of discrimination in asserting their rights (counselling and legal assistance for clients in administrative and judicial proceedings) and participates in judicial proceedings relating to discrimination. The Committee notes that, in 2016, the Advocate of the Principle of Equality received four initiatives concerning discrimination. Three have already been examined and discrimination was found and one case is still pending. From the information provided, the Committee is not in a position to determine if these four cases concerned discrimination against migrant workers. The Committee asks the Government to provide information on the application in practice of the Protection Against Discrimination Act with respect to migrate workers, including any investigations or cases handled by the office of the Advocate or any cases brought to the court and the outcome of these cases. The Committee also requests the Government to provide any information on the activities and cases handled by the Human Rights Ombudsman concerning migrant workers.

Repetition

Articles 2–6 of the Convention. Measures to address illegal employment of migrants and irregular migration. The Committee notes the information provided by the Government on the findings of the labour inspection services in 2010 and 2011 which show a decrease in the number of violations of the Employment and Work of Aliens Act (old and new Acts) and the Prevention of Undeclared Work and Employment Act (160 in 2011 and 224 in 2010, compared to 340 in 2009), as a result of the slowing down of activities in Slovenia, in particular in the construction sector. The Government indicates that, in 2011, more violations were detected through cooperation with administrative units and the employment service than through direct inspections further to the reporting of suspected violations. It further indicates that the Act amending the Prevention of Undeclared Work and Employment Act, which implements Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, entered into force on 28 July 2012. The Committee understands that a new Bill on the Prevention of Undeclared Work and Employment was discussed within the Tripartite Economic and Social Council in August 2013. The Committee asks the Government to provide information on the sanctions and measures against employers provided under the amendments to the Prevention of Undeclared Work and Employment Act adopted in 2012 and 2014.

The Committee notes the Government’s indication that there has been a growing number of cases of labour exploitation in recent years, related to criminal offences in the area of economic and organized crime, as well as an increase in unauthorized stays and organized migration by means of deception. The number of criminal offences relating to employment relationships, social security and violations of fundamental rights of employees under section 196 of the Criminal Code rose from 425 in 2010 to 1,301 in 2011, and migrant workers suffer mainly from non-payment of wages or social contributions and non-payment of overtime. The Government further indicates that the number of criminal offences relating to border crossing, under section 308 of the Criminal Code, also increased in 2012. The Committee notes however that the Government does not provide information on the prosecution of, and sanctions imposed against, offenders. The Committee asks the Government to provide information on the proposal to amend the Criminal Code with respect to the organization of irregular migration, and on the status of the adoption of the amendment to the Code. It once again asks the Government to indicate the measures taken to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and specific measures for systematic contact and exchange of information, whether under the Action Plan on Trafficking in Human Beings for 2010–11 or otherwise. The Committee once again asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including information on whether they have been prosecuted regardless of the country they operate from, and the sanctions imposed.

Article 8(1). Legal status in the case of loss of employment. The Committee understands that the loss of employment has no effect on the residence status of a foreigner who has a personal work permit. The Committee notes that, in accordance with section 56(2) of the Aliens Act of 2011, a residence permit issued for the purpose of employment or other work shall not be annulled by virtue of an expired work permit during the first three months of the invalidity of this work permit if the foreigner’s employment which lasted at least one year was terminated involuntarily and the foreigner has been registered as a jobseeker. It also notes that, under the Labour Market Regulation Act, registration as a person seeking employment is possible for a foreigner with a personal work permit and a foreigner who is a citizen of a third country and who is entitled to cash benefits during unemployment. The Committee asks the Government to indicate which migrant workers are entitled to cash benefits during unemployment. It further asks the Government to clarify the legal status, in terms of residence, of third country nationals who lose their employment within the first year of their employment. Please also specify the number of foreigners who have been able to avail themselves of section 56(2) of the Aliens Act.

Article 9(3). Costs of expulsion. The Committee notes with regret that the Government did not seize the opportunity of the adoption in 2011 of the new Aliens Act to amend the provisions relating the costs of expulsion. Section 84(1) of the Aliens Act provides that foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds. Pursuant to section 84(2), the foreigner shall be obliged to deposit his or her funds when accommodated at the Centre and may request a part of his or her deposited funds be reimbursed “in view of satisfying essential personal needs”. The Committee asks the Government to take the necessary measures to amend section 84 of the Aliens Act 2011 so as to ensure that when a migrant worker is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon him or her; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrant.

Articles 10 and 12. National policy on equality. The Committee notes the information provided by the Government on the implementation of the Equal in Diversity project, according to which awareness-raising activities on multiple discrimination and measures to combat harmful practices were carried out, and the website of the Advocate of the Principle of Equality, and related didactic material on non-discrimination introduced. The Committee welcomes the information provided by the Government concerning efforts made by the Advocate to foster the dissemination of essential information through the distribution of leaflets in various languages, and to improve its accessibility, including through a free telephone line for victims of discrimination. The Committee takes note of the views of the Advocate, transmitted by the Government with its report, which points out the lack of a comprehensive strategy for non-discrimination, including the absence of a policy against racism, the lack of an efficient system of protection in terms of access to procedures and remedies, and financial and organizational resources of the Advocate, and the absence of a system of assessing preventive measures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals with respect to the matters set out in Article 10, including specific measures to address racism and promote tolerance, and the results achieved.

The Committee notes the Government’s indication that the “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina, is not yet being implemented and that it is not discriminatory. While noting this statement, the Committee asks the Government to clarify the impact of an absence of six months or more from the Slovenian territory provided by the Agreement in terms of rights, when the migrant worker returns to Slovenia to take up a new temporary employment under the Agreement.

Measures for the integration of migrant workers in society. The Committee notes from the Government’s report that “the Council for the Integration of Aliens”, which makes recommendations to the Government, stated that more emphasis should be put on the systematic awareness raising of the majority of the population, but also of staff of relevant institutions such as the Employment Service, social work and medical centres and educational institutions, on intercultural dialogue, human rights of migrants and the importance of integration of foreigners in the society. It further emphasized that all possibilities for integration and spreading the relevant information for fast and successful integration should be researched. The Committee notes from the 2012 Migration Office Report, that the new Decree on ways and scope of providing programme support for integration of non-European Union nationals (Official Gazette No. 70/2012) to which the Committee previously referred, replaces the Decree on Aliens Integration and specifies the qualification requirements for free-of-charge language and societal programmes which immigrants can begin attending immediately after their arrival in the country. In 2012, a total of 1,548 certificates qualifying immigrants to engage in Slovenian language courses were issued. The report further indicates that the integration programmes target specific immigrant groups, such as parents with children at school or women. It also mentions a programme focusing on active integration of third-country nationals through Slovenian employers. Noting the efforts made by the Government with respect to the integration of migrant workers in society, the Committee asks the Government to provide information on the 2012 Decree on ways and scope of providing programme support for integration of non-European Union nationals, including conditions of access to the integration programmes in terms of residence requirements, and its implementation in practice. Please also provide specific information on the programme focusing on active integration of third country nationals through Slovenian employers and its impact in terms of employment of migrant workers. The Committee also asks the Government to provide information on any measures taken to follow up on the recommendations made by the Council for the Integration of Aliens and on any activities carried out by the Council with respect to migrant workers.

Article 14(a). Free choice of employment. In its previous comments, the Committee recalled that a foreigner with an employment permit, issued for a maximum of one year, continued to be tied to the employer to whom the permit was issued, whereas migrant workers with a personal work permit have free access to the labour market during the three-year validity period of such a permit. The Committee notes the Government’s indication that the main reason why migrant workers decide to acquire a National Vocational Qualification (NVQ) is to obtain a personal work permit and that foreigners are informed of this possibility through online information and at the INFO point for foreigners. The Committee asks the Government to clarify whether it is possible for third country nationals who are employed under employment permits and do not undertake the procedure to acquire an NVQ, to be employed beyond a period exceeding two years under an employment permit and, if so, if they are obliged to stay with the same employer. The Committee asks the Government to provide information on the number and country of origin of third-country nationals who have been able to obtain a personal work permit, per year, after acquiring an NVQ.

Enforcement. Equality body. The Committee notes the Advocate of the Principle of Equality’s views that, due to significant under-reporting, the overall number of discrimination cases reported to its office remains very low: since 2007, only 21 cases of racial/ethnic discrimination have been reported, and all were closed as in none of them was racial discrimination established. The Advocate also indicates that the low number of complaints may also reflect the general lack of trust from victims of discrimination in the ability of the authorities to provide them with effective protection. The Committee also asks the Government to provide information on the measures taken to improve access of migrant workers to enforcement mechanisms, including the Advocate of the Principle of Equality, and obtain remedies, and to reduce under-reporting of discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the office of the Advocate, and the outcome of these cases.

Repetition

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 2 and 3 of the Convention. Measures to detect illegal employment of migrants and migration in irregular conditions. The Committee notes the information on the findings of the labour inspection services in 2009. The Committee notes that 340 violations (compared to 318 in 2008) were detected: 260 violations of the Employment and Work of Aliens Act and 80 violations of the Prevention of Illegal Work and Employment Act. The Government also indicates that inspectors stressed the importance of communication and information exchange with the authorities responsible for issuing work and residence permits. Inspectors also often observed employers deregistering workers from the insurance scheme without actually terminating the employment. The Committee also notes the information regarding violations pertaining to registration of work and return of work permits. Noting that the Government is transposing Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, the Committee asks the Government to provide information on the status of adoption of the draft legislation, and to provide a copy of the relevant texts for further examination by the Committee.

Articles 3, 4, 5 and 6. Measures to detect migration in abusive conditions, including human trafficking. The Committee notes the adoption of the Action Plan of the Inter-ministerial Working Group (IWG) on Trafficking in Human Beings for 2010–11, which focuses on concrete prevention, through broad-based awareness raising and training, and more effective judicial proceedings placing emphasis on detection, investigation and prosecution of criminal acts related to trafficking of human beings. The Committee notes that AFTUS, referring to the 2009 annual report of the IWG (adopted in June 2010) indicates that despite an increase in human trafficking for the purposes of labour exploitation, an exceptionally low number of cases of trafficking in human beings are being detected and its stresses the role of employment agencies as central to this phenomenon. According to AFTUS, Slovenia is, besides a country of transit, also a country of destination for trafficking of persons into construction, seasonal work in agriculture, domestic work and begging, and it draws attention to legislative gaps, including the definition of exploitation and related difficulties regarding the burden of proof. Recalling that Articles 3, 4 and 5 of the Convention require States to adopt the necessary measures to suppress clandestine movements of migrants and against the organizers of such movements, including measures to allow prosecution of authors of labour trafficking whatever the country from which they operate and measures for systematic contact and exchange of information, the Committee asks Government to indicate the results achieved under the Action Plan on Trafficking in Human Beings for 2010–11 in this regard. The Committee asks the Government to provide information on the number of persons involved in labour trafficking who have been prosecuted under the relevant legislation, including an indication on whether they have been prosecuted regardless of the country they operate from, and on the number of detected cases of labour trafficking, prosecutions and sanctions.

Article 8(1). Non-return in case of loss of employment. The Committee recalls its previous requests for information on how it is ensured that a foreigner with a temporary residence permit and who does not meet the requirements of the Employment and Insurance Against Unemployment Act (No. 107/2006) shall not be regarded as an irregular worker by mere loss of his or her employment. The Committee notes that sections 30(1) and 40 of the Aliens Act 2007 appear to provide a basis for foreigners with an employment permit or permit for work to apply for a temporary residence permit if they can demonstrate well-founded reasons which justify their stay in the Republic of Slovenia for the period of time for which their presence in the country is indispensable, but for no longer than one year. The Committee asks the Government to provide information on the number of workers with a permit for employment or a work permit that have applied for temporary residence on the basis of sections 30(1) and 40 of the Aliens Act, due to loss of employment.

Article 9(3). Costs of expulsion. The Committee previously asked the Government to amend section 62(1) of the Aliens Act, pursuant to which foreigners who have their own funds shall be obliged to bear the costs of their sustenance and accommodation and the costs of deportation to the extent of their own funds, in conformity with the Convention. Noting that the Aliens Act is being amended, the Committee asks the Government to provide information on the progress made in its adoption and hopes that the Act will ensure that a migrant worker who is in an irregular situation for reasons that cannot be attributed to him or her, the costs of return, as well as the return of family members, including transport costs, shall not fall upon the migrant; and if the migrant worker is in an irregular situation for reasons which can be attributed to him or her, the costs of expulsion do not fall upon the migrants.

Articles 10 and 12. National policy on equality. The Committee further notes with interest the project on “Promoting employability, education and social integration of migrant workers and their families”, implemented by the Employment Institute. The main purpose of the project is to establish an “INFO point” which will enable operations in the area of preventing exploitation, discrimination and possible unemployment of migrants while at the same time providing better accessibility to new employment. With INFO point, the Employment Institute offers migrant workers consultations and services, as well as basic information on employment and residential issues, possibilities for vocational education and training for migrants and their families and assistance to migrants in administrative procedures (for employment, education and training). The Committee further notes the information on the Equality in Diversity Project carried out by the Office for Equal Opportunities which aims at raising awareness on multiple discrimination and combating discrimination based on a number of grounds, including nationality. The Committee asks the Government to continue to provide information on the measures taken or envisaged to implement a national policy on equality of opportunity and treatment between migrant workers lawfully in the country and nationals, and the results achieved. Please also provide specific information on the activities of INFO point and the Equality for Diversity Project in this regard.

The Committee notes that the Government recently concluded an “Agreement between the Republic of Slovenia and Bosnia and Herzegovina on Employing Citizens from Bosnia and Herzegovina in the Republic of Slovenia”, which regulates the conditions and procedures of employment of citizens from Bosnia and Herzegovina. Noting that AFTUS in its communication raises concerns about the discriminatory impact of the Agreement vis-à-vis workers from Bosnia and Herzegovina with regard to conditions of residence and related rights and benefits, the Committee asks the Government to provide a copy of the Agreement and information on its implementation, and to reply to the observations raised by AFTUS.

Enforcement. The Committee notes that according to the Office of the Advocate of the Principle of Equality, there is an increasing number of cases of discrimination regarding access to goods and services based on nationality and ethnicity, but that the majority of the alleged cases turned out to be unjustified as a consequence of insufficient awareness. So far, the Advocate has not yet dealt with cases of alleged unequal treatment of migrant workers. The Committee asks the Government to continue to provide information on the enforcement of the equal treatment and non-discrimination legislation with respect to migrant workers, including any cases brought by migrant workers to the courts or to the Office of the Advocate of the Principle of Equality, and the outcome of these cases.

Repetition

The Committee notes the observations by the Association of Free Trade Unions of Slovenia (AFTUS) annexed to the Government’s report.

Articles 10, 12(e) and 14(a). Free choice of employment. The Committee previously noted concerns expressed by AFTUS that under the work permit system established by the Employment and Work of Aliens Act (Acts Nos 66/00, 101/05 and 52/07) foreign workers issued with an employment permit did not have the free choice of employment until they met the conditions for obtaining a personal work permit. The Committee notes that the Employment and Work of Aliens Act was further amended in 2009 and 2011 (Acts 46/2009 and 26/2011) and that under the new legislation citizens from the European Union (EU), the European Economic Area (EEA) and Switzerland, as well as foreigners with a permanent residence permit have free access to the labour market. Third-country nationals with a “personal work permit” have free access to the labour market during the three-year validity period while a foreigner with an “employment permit”, issued for a maximum of one year, continues to be tied to the employer to whom the permit is issued (section 10(2) and (3)). The employment permit can be renewed or reissued for a period not exceeding one year (section 25(1)). The Committee further notes that pursuant to section 22(3) a foreign worker with vocational training or who has acquired a national professional qualification in Slovenia who, in the past 24 months has been employed for at least 20 months, can apply for a personal employment permit (section 22(4)). The Government indicates in this regard that the foreigner who does not meet the condition of having at least vocational education may be integrated into the procedure of acquiring a national vocational qualification. Section 30(1) allows for some flexibility for foreigners with higher education for whom an employment permit or permit for work has been issued, to be employed by two or more employers. Recalling that Article 14(a) of the Convention allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period not exceeding two years, and that Article 10 provides for the adoption of a national policy on equality of opportunity and treatment including with respect to access to vocational education, the Committee asks the Government to indicate the measures taken or envisaged to inform foreign workers with employment permits or permits for work of the possibility of acquiring a national vocational qualification, and provide information on the number of workers that have participated in such training. The Government is also requested to provide information on the number of migrant workers without vocational training or a national vocational qualification who are working under employment permits for a period exceeding two years.

National equality policy and integration of migrant workers in society. The Committee previously noted the need for systematic measures aimed at the integration of migrant workers and their families in society. The Committee notes the Government’s indication that the Decree on Aliens Integration No. 65/2008 provides for integration programmes intended for third-country nationals residing in Slovenia with a permanent residency permit and their family members, and for third-country nationals who have been residing in Slovenia on the basis of a temporary residence permit for at least two years and whose permit is valid for at least one year, and for their family members. The Committee also notes that a draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010 would allow for inclusion in integration programmes of all third country citizens residing in Slovenia on the basis of a residence permit issued for at least one year and third-country citizens who are family members of Slovenian citizens or EEA citizens residing in Slovenia on the basis of a residency permit, regardless of its duration. The Committee notes that the programmes cover Slovenian language courses and courses on Slovenian history, culture and constitutional arrangements, and that between November 2009 and the end of May 2010, 600 third-country nationals attended. The Government also indicates that programmes have included workshops going beyond intercultural differences and address reasons for and consequences of discrimination and xenophobia. The Committee notes the observations by AFTUS that an effective integration policy of migrants should be based on the earliest possible integration into suitable programmes of integration and social inclusion and that free participation into language programmes and learning about Slovenia culture, history and constitution should be provided to all foreigners, including those with a temporary residence permit for a period less than a year. The Committee further notes that an Alien Integration Council was created in 2008 with a view to a coordinated and effective implementation of the measures for integration of foreigners, but that according to AFTUS the Council does not fulfil its purpose. The Committee asks the Government to provide information on the status of the adoption of the draft Decree amending and supplementing the Decree on Aliens Integration of 23 July 2010, and to indicate whether any consideration is being given to the concerns raised by AFTUS regarding the free participation of all foreigners, including those with a residency permit of less than a year in programmes of integration and social inclusion. Please also provide information on the activities of the Alien Integration Council.

The Committee is raising other points in a request addressed directly to the Government.