Freedom of association

Participants agreed that the legal framework for protecting freedom of association and freedom of assembly was up to international standards. There was no legal restriction on the activities of CSOs. The right to participate in decision-making was guaranteed by law and every draft law had to be subjected to mandatory consultation. Participants regretted that cooperation with the previous government on topics such as migration and the rule of law had been impossible. According to participants, the COVID-19 crisis and the installation of the government of that time coincided with limitations on freedom of association, assembly and other rights. For example, protesters were fined and gatherings were sometime banned. Participants however appreciated that checks and balances had been resilient in that context: CSOs stood up to defend fundamental rights, and the review of COVID-related measures by the Constitutional Court was protective of rights. Participants believed that lessons could be learned from the crisis to ensure that Slovenia was better prepared to face situations of misuse of power through, for example, the inclusion of experts and an overall improvement of decision-making processes. Participants explained that some CSOs experienced verbal attacks and smear campaigns. According to them, populist political forces continued to pursue an anti-civil society narrative which sometimes derived into hate speech against civil society. Participants advocated higher protection of human rights defenders at national level and supported the idea of a European Civil Society Strategy to bring further guarantees at EU level. The Slovenian authorities mentioned that an amendment to the criminal code had made hate speech and hate crime an aggravating circumstance. Participants believed that pressure on civil society had diminished after the change of government in 2022. They explained that there was no more misuse of government decrees to narrow the civic space. However, participants also considered that the situation was only partially back to the pre-pandemic situation as some mild actions, like writing on the pavement, could now be fined. The Slovenian authorities informed the delegation that some guidelines for fostering cooperation with CSOs were under preparation. The guidelines would provide contact persons in each ministry for CSOs to liaise with. The Slovenian authorities also indicated that legal solutions for misdemeanours 3/6 involving CSO members were also under consideration. The Slovenian authorities expressed their hope that these steps would help rebuild trust between the government and CSOs. Participants explained that overall, the pattern of funding for civil society has been solid enough to resist the agenda changes of successive governments. The previous government had cut funding for CSOs in some specific areas like the cultural sector. The subsequent government had then reestablished such funding and restored the funding available for civil society to pre-pandemic levels. Participants however regretted that appealing in court against funding decisions took a long time. One participant explained that all public funding to CSOs were allocated through public tenders and calls, dealt with by the relevant ministry in charge of the area concerned. It was also pointed out that political intervention was prevented by the fact that the minister or the Cabinet could not directly intervene in decisions on the allocation of funds, which were in the hands of civil servants. The Slovenian authorities mentioned that a call for proposals for CSOs promoting democracy, active citizenship and the rule of law was under preparation. One participant mentioned the challenges faced by the youth. Over recent years, young people felt overburdened by the health and political crises while they also lost trust in politics, based on their perception that they had been used for political purposes and often not listened to.