Slovenia
NAP Development Process
Status
The Government of the Republic of Slovenia adopted a National Action Plan on Business and Human Rights in November 2018.
In June 2021, an updated NAP was published in Slovenia. More information is available here. This page will be updated when information is available in English.
Process
A draft NAP (in Slovenian) was produced after one month of consultations in October and November 2017 (in Slovenian) with relevant government ministries, the Chamber of Commerce and Industry of Slovenia, businesses, trade unions, non-governmental organisations, and academia.
The Slovenian Government adopted the NAP in November 2018. The English translation was released in February 2019.
Follow-up, monitoring, reporting and review
While the National Action Plan contains a range of measures and recommendations to ensure implementation of the UN Guiding Principles on Business and Human Rights, it does not establish new legal obligations and has no financial consequences.
Regarding the implementation of the National Action Plan, periodic inspections of implementation will be carried out every two years. These inspections will be coordinated by the Ministry of Foreign Affairs, which will then report the findings to the Government of the Republic of Slovenia.
Following the adoption of the National Action Plan, the Ministry of Foreign Affairs established the Working Group on the Implementation of the NAP on Business Human Rights of the Republic of Slovenia. The group includes stakeholders from the Chamber of Commerce, civil society and academia. In meetings held in January and April 2019, members agreed to focus on improving human rights performance of state-owned corporations and ensuring respect of human rights in the public procurement as one of the priorities to advance business and human rights in Slovenia. Additionally, the Working Group has been considering drafting a statement, which businesses could subscribe to and establishing certification mechanism where businesses could acquire certificate as business friendly enterprises.
At the end of May 2019, the Ministry of Foreign Affairs and the Chamber of Commerce will organise a half-day event on business and human rights in Slovenia aimed at businesses and other stakeholders.
Stakeholders views and analysis on the NAP
An analysis on the NAP was completed by Jernej Letnar Černič, an Associate Professor of Human Rights and Constitutional Law at the Faculty of Government and European Studies of the New University (Ljubljana/Kranj, Slovenia).
Additional Resources
Government of the Republic of Slovenia: Spoštovanje človekovih pravic v gospodarstvu
Explore NAP by Issue
Preventing discrimination involves dedicating special attention to gender equality, women’s empowerment, and the rights of children… (pg. 6) In accordance with the European Disability Strategy 2010–2020 and the World Programme of Action for Youth, special attention is devoted to measures for the effective development of employment possibilities and opportunities for young people with disabilities. (pg. 14) For the time being, in conflict-affected areas, Slovenia provides humanitarian aid only in the form of donations to international organisations. Slovenia appeals to all actors involved in conflicts, including economic operators, to respect humanitarian principles and international humanitarian law. (pg. 29) The Slovenian NAP makes no reference to the construction sector. Respect for human rights in the business sector is also required by the laws governing corporate liability for damages, ownership relations, consumer protection, the fight against corruption, and privacy protection. (pg. 10) Slovenia has adopted a new legal regulation aimed at increasing the transparency of certain companies and at improving the adequacy, convergence and comparability of non-financial information, increasing the transparency and consequently the diversity in their administrative, management and supervisory bodies, increasing corporate responsibility and efficiency and thereby the effectiveness of the single market, and at improving corporate management. (pg. 21) [T]o create a transparent, effective and clear management system which fosters the trust of investors, employees and the general public in the corporate management system, Slovenia has extended the list of companies which are required to include non-financial statements in their annual reports. (pg. 21) The Slovenian development cooperation is aimed at enhancing human rights in developing countries, whereby good governance and strengthening the rule of law, including respect for human rights and equal opportunities, are classified as horizontal or multi-sectoral fields of activity. (pg. 25) Slovenian representatives participate on the board of directors, Slovenia will continue to cooperate actively in accordance with the EBRD’s fundamental principles relating to respect for human rights. (pg. 33) Human rights are a significant element of corporate social responsibility and as such have to be incorporated into risk management and management reviews. (pg. 46) In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures…combating corruption. (pg. 9) Respect for human rights in the business sector is also required by the laws governing…the fight against corruption. (pg. 10) In accordance with the Act Amending the Companies Act, which transposed Directive 2014/95/EU into the Slovenian legal order, large companies which are public-interest entities exceeding the average number of 500 employees must include a non-financial statement in the management report, containing information…relating to the fight against corruption and bribery. (pg. 23) Channeling development cooperation towards ensuring human rights is indirectly reflected in the…fight against corruption, endeavours to achieve responsible management of public finance. (pg. 31) Respect for human rights in the business sector is also required by the laws governing…privacy protection. (pg.10) The SID Bank specialises in public mandate for promotional and development tasks and services in international trade, economic and development cooperation, commercial operations, innovation, research and educational activities, ecology and energy, infrastructure building and other areas important for Slovenia’s development. (pg. 24) The Slovene Export and Development Bank (SID Bank) is guided by the concept of responsible lending and implements the OECD policy on sustainable lending for export credit guarantees. (pg. 25) The criteria for funding or co-funding development cooperation programmes or projects now also include proven corporate social responsibility, respect for a human rights-based approach, strengthening gender equality and women’s empowerment. (pg. 25) Principle 3(d): In meeting their duty to protect, States should: Encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts. The preparation of the Action Plan revealed that the most common human rights violations in business involve discrimination various forms of abuse in the workplace, and negative environmental impacts. (pg. 5) Several new legal provisions proactively ensure the strengthening of respect for human rights in business, which involves non-financial reporting on the environmental and social impacts of major business enterprises, measures to promote equality, and considering environmental, social and labour law aspects in public procurement. (pg. 7) In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures… protecting the environment and promoting sustainable development. (pg. 9) The Constitution stipulates citizen, political, social, and economic rights, as well as the rights to a healthy living environment and to drinking water. (pg. 10) In accordance with the constitutional right to a healthy living environment, the conditions and way economic and other activities are pursued are established by law (Constitution, Article 72). (pg. 10) Specific expectations concerning human rights protection in business are defined in the relevant legislation governing employment relationships, health protection, environmental protection… (pg. 10) An example is the Act Amending the Companies Act of April 2017, which introduces non-financial reporting on the environmental and social impacts of major enterprises and measures to promote equality. (pg. 10) Such amendments introduce principles relating to the environment and social integration, as well as ensuring respect for rights arising from the legislation in force, thus promoting, in the context of public procurement, the social and environmental responsibility of enterprises and helping them to consolidate their standing in the market. (pg. 10) Consumer protection also extends to environmental protection, which is focused on the consumers’ right to a healthy environment, and on sustainable consumption. (pg.15) The Slovenian Constitution enshrines the right to a healthy living environment, and laws are in place that impose the requirements for, and methods of, implementing economic and other activities that protect human rights while also ensuring adequate protection and preservation of the environment. The Environmental Protection Act defines the basic principles which, on the one hand, ensure the protection of human rights… (pg. 20) Environmental labelling includes the product lifecycle approach, ensuring that products are manufactured, used and disposed of in a sustainable and environmentally friendly manner. Slovenia will promote environmental labelling, particularly based on verified and independent criteria, as part of drafting policies and measures for restructuring and the transition to a circular economy. Slovenia applies economic instruments of environmental policy, e.g. environmental tax, to reduce the environmental burden according to the ‘polluter pays’ principle. The environmental tax includes the fields of energy, transport, pollution and the use of resources. (pg. 21) In accordance with the Framework Programme for the Transition to a Green Economy, the Slovenian Government will focus on further activities for developing and interconnecting green economy policies. The focus will be placed on the following areas: sustainable management of resources; green growth of the economy, promoting green jobs and providing training for people on the labour market for the requirements of green economy; fostering demand for green products and services; green public procurement and green budget reform; sustainable urban development; public sector activities that may serve as models; education and training for the green economy; and green practice in agriculture. (pg. 22) As part of drafting policies and measures for restructuring and the transition to a circular economy, the Ministry of the Environment and Spatial Planning, in cooperation with other relevant ministries, will actively promote the use of voluntary environmental labelling instruments at the EU level, such as Ecolabel and EMAS. (pg. 23) Slovenia is bound by OECD recommendations… aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24) [T]he Public Procurement Act…puts special emphasis on the various aspects of social and environmental policies. (pg. 26) [T]he Act includes the horizontal social clause, which requires economic operators, when implementing public contracts, to observe obligations under EU environmental, social and labour law, regulations in force in Member States, collective agreements and international law. (pg. 26) Channelling development cooperation towards ensuring human rights is also indirectly reflected in providing assistance to partner countries in ensuring the right to a clean environment and safe drinking water. (pg. 31) Through its activities in the World Bank Group committees, Slovenia will support the effective implementation of the Environmental and Social Framework, including the environmental and social policies, which are integral parts of it. (pg. 32) The core document, the EIB Statement on Environmental and Social Standards, determines the framework of the environmental protection policy, and lays the foundations for prosperity. (pg. 33) Protection of human rights is also directly and indirectly connected to environmental protection and preservation. (pg. 45) Preventing discrimination involves dedicating special attention to gender equality, women’s empowerment, and the rights of children, the disabled, the elderly, lesbian and gay people, and other minorities. (pg. 5-6) Special laws further define the general principle of equality and individual constitutional provisions, to effectively ensure the implementation of human rights. To guarantee genuine equality, the Constitution, the general act prohibiting discrimination, and the special act on gender equality explicitly stipulate the basis for implementing special measures or positive discrimination in cases when derogations from the equal treatment principle are justified by lawful ends, and the means to attain this goal are both adequate and necessary. (pg. 8) Institutions specialised in human rights protection and promotion include: the Human Rights Ombudsman, the Advocate of the Principle of Equality, coordinators for equal opportunities for women and men, the Commission for Petitions, Human Rights and Equal Opportunities, the Office of the Republic of Slovenia for National Minorities, and numerous working bodies established by the Government or operating within ministries. (pg. 8-9) Slovenian legislation prohibits direct and indirect discrimination and provides for the obligation to ensure equal treatment regardless of gender. It also envisages positive, protective and other measures on gender equality. These include the obligation of the employer – except in justified cases – not to limit access to vacancies based on gender, not to request information from candidates or condition employment on family or marital status, pregnancy or family planning. The employer must also provide equal pay for the same work and for work of the same value to workers regardless of gender. (pg. 13) [A]ll companies subject to audit have to outline the policy of representation diversity in their management or supervisory bodies (diversity based on gender, age, education). (pg. 23) The criteria for funding or co-funding development cooperation programmes or projects now also include proven corporate social responsibility, respect for a human rights-based approach, strengthening gender equality and women’s empowerment. (pg. 25) Slovenia will take account of the following considerations: respect for corporate social responsibility, respect for human rights-based approaches, strengthening gender equality and women’s empowerment. (pg. 29) The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia provides training for public employees, particularly equal opportunities coordinators, related to procedures for gender mainstreaming into sectoral policies. The Ministry created guidelines for drafting action plans for equal opportunities for women and men in local communities. (pg. 30) The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia will continue to provide regular training for equal opportunities coordinators at the ministries and in local communities on the topic of gender equality. (pg. 30) The Protection against Discrimination Act, which entered into force in May 2016, established the Advocate of the Principle of Equality, an independent state institution for protection against discrimination. The Advocate is responsible for, among other things, making recommendations to state institutions, local community institutions, bearers of public authority, employers, and business and other entities. (pg. 40) Slovenia has established the Advocate of the Principle of Equality, which is tasked with offering recommendations to employers, economic operators and other entities on preventing and eliminating discrimination, conducting inspections and providing independent assistance in the form of counselling and legal advice to parties engaged in other administrative and court procedures related to discrimination. The Advocate’s mandate also includes the prevention of discrimination and addressing reports and initiatives in the private sector. (pg. 41) Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality… (pg. 44-45) Slovenia is bound by OECD recommendations requiring that decisions on officially supported export credits are based on the common principles for addressing environmental and social requirements for the export of capital, goods and services to certain locations. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24) The Slovene Export and Development Bank (SID Bank) is guided by the concept of responsible lending and implements the OECD policy on sustainable lending for export credit guarantees. (pg. 25) The Slovenian NAP makes no reference to the extractives sector. Slovenia strives to ensure that enterprises registered in Slovenia respect human rights on Slovenian territory and abroad, and to monitor respect for human rights by economic operators. (pg. 10) In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11) The Government encourages enterprises operating abroad to report on their global operations, particularly on their operations in official development assistance recipients. Enterprises provide human rights due diligence reports as part of their financial or sustainability reports. (pg. 11) Consumer rights form part of numerous vertical sector-specific regulations, with emphasis on the following sectors: financial services, which essentially require transparency and information… (pg. 15) The Slovene Export and Development Bank – SID Bank is based on the principle of balanced and sustainable development with respect to economic, environmental and social development. (pg. 24) The Slovene Export and Development Bank considers a comprehensive, long-term and ethical views, and demands their application in all financial operations, services and activities. (pg. 25) The Slovene export and development bank, SID Bank, will continue to observe the principles according to which it has operated, including the principle of balanced and sustainable development (economic, environmental and social development), and follow good practices in the implementation of these principles in comparable institutions in the EU. (pg. 28) Through its activities in the World Bank Group committees, Slovenia will support the effective implementation of the Environmental and Social Framework, including the environmental and social policies, which are integral parts of it. (pg. 32) Among other things, these Standards foresee the support of the World Bank Group for the fulfilment of human rights. The EDS10 constituency of the World Group Bank, of which Slovenia is a part, is in favour of including human rights, and advocates an independent inspection panel as an effective protection mechanism, which – based on appeals – would determine whether an investment project infringes on human rights with regard to the mandatory standards. (pg. 33) [T]he fight against climate change and respect for human rights are fundamental elements of the European Investment Bank’s lending policy. (pg. 33) Slovenia fully supports the operations of the Council of Europe Development Bank, where all projects must meet the requirement of respecting the political and social goals of the Council of Europe. (pg. 33) When addressing the strategies and projects of the European Bank for Reconstruction and Development, in which Slovenian representatives participate on the board of directors, Slovenia will continue to cooperate actively in accordance with the EBRD’s fundamental principles relating to respect for human rights. (pg. 33) The Slovenian NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. An emphasis was placed on the risks of precarious work and trafficking in human beings for the purposes of labour exploitation or forced labour. (pg. 6) In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures against discrimination in access to work and in the workplace, as well as policies and measures ensuring respect for labour rights, combating corruption, preventing and combating trafficking in human beings for the purpose of forced labour exploitation… (pg. 9) In April 2017, the Slovenian Government adopted the 2017–2018 Action Plan for Combating Trafficking in Human Beings, which includes awareness-raising activities for the business sector and efforts for more effective action aimed at detecting and investigating criminal offences of trafficking in human beings for the purposes of forced labour or labour exploitation. (pg. 15) Slovenia will carry out preventive measures and enhance the capacities to detect and prosecute offenders and perpetrators of criminal offences relating to trafficking in human beings for the purposes of forced labour or labour exploitation. (pg. 19) The National Coordinator for Combating Trafficking in Human Beings, in cooperation with other relevant agencies and interested partners from the private sector, will carry out activities to raise the awareness of companies and employers of forced labour, with a view to reducing the demand for services provided by victims of human trafficking. (pg. 19) Key operators of the Slovenian economy, particularly industries at increased risk, will be informed about the upgrades and promotion of the web manual titled Preventing the Risk of Hidden Forced Labour, a tool for detecting and managing the risk of a company’s potential links with forced labour or exploitation. (pg. 19) In cooperation with other relevant state bodies, the Police will take a proactive approach, and enhance field activities to identify potential victims of human trafficking (forced labour, forced begging, etc.). (pg. 19) Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality, the protection of fundamental workers’ rights, the prohibition of forced labour and labour exploitation… (pg. 44-45) Slovenia will promote fruitful cooperation with the business sector, trade unions, education institutions, NGOs, and the broader civil society in promoting human rights in business. (pg. 9) When monitoring the implementation of the Action Plan, the Slovenian Government will continue the dialogue with the business sector, trade unions, NGOs and other partners on the implementation of human rights due diligence in practice, including the designing of mechanisms and tools for this purpose. (pg. 24) In December 2013, to promote the UN Guiding Principles on Business and Human Rights, the Ministry for Foreign Affairs of the Republic of Slovenia, in partnership with the Slovenian Chamber of Commerce and Industry, organised the National Forum on Business and Human Rights for representatives of relevant ministries, the National Assembly, business sphere, trade unions, NGOs and academia. (pg. 30) The promotion of the National Action Plan will be carried out both within the ministries and among other stakeholders, whereby the governmental sector will cooperate with the business sector, trade unions, NGOs and other stakeholders. (pg. 30) Slovenia will continue its efforts to establish cooperation with non-governmental organisations, businesses, trade unions and academia, to encourage enterprises to strive for continuous development and to apply the relevant appeal mechanisms to address the alleged or potential violations of human rights in business processes, also through human rights due diligence. (pg. 42) Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality, the protection of fundamental workers’ rights, the prohibition of forced labour and labour exploitation, freedom of association, and the right to collective negotiations. (pg. 45) The implementation of the National Action Plan of the Republic of Slovenia on Business and Human Rights is monitored by the Ministry of Foreign Affairs of the Republic of Slovenia in cooperation with other ministries and government offices; the Ministry may invite representatives of the Government, Human Rights Ombudsman, business sphere, trade unions, NGOs and academia to cooperate. (pg. 43) The Slovenian NAP does not make a direct reference to the Garment sector. Preventing discrimination involves dedicating special attention to gender equality, women’s empowerment, and the rights of children, the disabled, the elderly, lesbian and gay people, and other minorities. (pg. 5-6) Special laws further define the general principle of equality and individual constitutional provisions, to effectively ensure the implementation of human rights. To guarantee genuine equality, the Constitution, the general act prohibiting discrimination, and the special act on gender equality explicitly stipulate the basis for implementing special measures or positive discrimination in cases when derogations from the equal treatment principle are justified by lawful ends, and the means to attain this goal are both adequate and necessary. (pg. 8) Institutions specialised in human rights protection and promotion include: the Human Rights Ombudsman, the Advocate of the Principle of Equality, coordinators for equal opportunities for women and men, the Commission for Petitions, Human Rights and Equal Opportunities, the Office of the Republic of Slovenia for National Minorities, and numerous working bodies established by the Government or operating within ministries. (pg. 8-9) Slovenian legislation prohibits direct and indirect discrimination and provides for the obligation to ensure equal treatment regardless of gender. It also envisages positive, protective and other measures on gender equality. These include the obligation of the employer – except in justified cases – not to limit access to vacancies based on gender, not to request information from candidates or condition employment on family or marital status, pregnancy or family planning. The employer must also provide equal pay for the same work and for work of the same value to workers regardless of gender. (pg. 13) The Resolution on the National Programme for Equal Opportunities for Women and Men for the 2015–2020 period sets out the following objectives for combating gender-based discrimination at work: better information on the rights and supervision of the implementation of provisions prohibiting discrimination in employment and at work and on the prohibition of sexual or other harassment and mobbing [bullying] in the workplace. (pg. 16) [A]ll companies subject to audit have to outline the policy of representation diversity in their management or supervisory bodies (diversity based on gender, age, education). (pg. 23) The criteria for funding or co-funding development cooperation programmes or projects now also include proven corporate social responsibility, respect for a human rights-based approach, strengthening gender equality and women’s empowerment. (pg. 25) Slovenia will take account of the following considerations: respect for corporate social responsibility, respect for human rights-based approaches, strengthening gender equality and women’s empowerment. (pg. 29) In the sphere of gender equality, the Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia provides training for public employees, particularly equal opportunities coordinators, related to procedures for gender mainstreaming into sectoral policies. The same approach is undertaken by the Ministry about integrating gender equality into local-level policies and measures; the Ministry has, inter alia, drawn up guidelines for drafting action plans for equal opportunities for women and men in local communities. (pg. 30) The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia will continue to provide regular training for equal opportunities coordinators at the ministries and in local communities on the topic of gender equality. (pg. 30) Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality… (pg. 44-45) The numerous guidelines and activities of the Government of the Republic of Slovenia prove its commitment to ensuring respect for human rights in business. (pg.12) The Ministry will set up a mechanism for exchanging good practices and experience in workplace health promotion. (pg. 18) The Slovene export and development bank, SID Bank, will continue to observe the principles according to which it has operated, including the principle of balanced and sustainable development (economic, environmental and social development), and follow good practices in the implementation of these principles in comparable institutions in the EU. (pg. 28) It will thus continue to actively participate in the annual UN Forum on Business and Human Rights, which is an important platform for exchanging good practices and raising awareness of the implementation of the UN Guiding Principles on Business and Human Rights. In addition, it will encourage the exchange of experience and good practices in business and human rights. (pg. 32) States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations. The commitment to respecting and protecting human rights is built into Slovenia’s foundations. The Constitution stipulates citizen, political, social, and economic rights, as well as the rights to a healthy living environment and to drinking water. Article 74 of the Constitution states that commercial activities may not be pursued in a manner contrary to the public interest. In accordance with the constitutional right to a healthy living environment, the conditions and manner in which economic and other activities are pursued are established by law (Constitution, Article 72). Specific expectations concerning human rights protection in business are defined in the relevant legislation governing employment relationships, health protection, environmental protection, and prohibition of discrimination in the workplace. Health and safety at work: Slovenian legislation governing health and safety at work is part of EU law and follows the conventions of the International Labour Organisation. The legislation has already been upgraded with employers’ obligation to plan and implement workplace health promotion. The workplace health promotion programmes in Slovenia are complemented with measures to ensure the health and safety of workers and other persons involved in the work process. In accordance with the Health and Safety at Work Act,30 the employer is obliged to ensure health and safety at work, draft and adopt a written safety statement with a risk assessment, adopt measures to prevent, eliminate and address cases of violence, mobbing, harassment and other forms of psychosocial risk at work, to plan and implement workplace health promotion, and plan workplace health promotion in a safety statement with a risk assessment. The Health and Safety at Work Act envisages sanctions for employers violating obligations under the law. In March 2015, the Ministry of Health adopted the Workplace Health Promotion Guidelines,31 which set out the basic principles for planning and implementing workplace health promotion. All employers have to adapt these basic principles to their own organisation and circumstances. Planned measures: [Pages 18-19] Health and safety at work: In compliance with the Resolution on the National Health Care Plan 2016-2025 ‘Together for a Healthy Society’37 and to guarantee a safe and positive working environment, the Ministry of Health is planning to evaluate the current implementation of occupational, transport and sport medicine, and its funding and placement in the health-care system. On this basis, the Ministry will introduce relevant adaptations, including an occupational diseases surveillance system. The Ministry will set up a mechanism for exchanging good practices and experience in workplace health promotion. Special attention will be devoted to the revised regulation of the field of occupational diseases. In the next decade, the Ministry of Health will provide expert support for health promotion in schools, the working environment and local communities. It will raise awareness of the importance of health and a healthy lifestyle, empowering individuals and all key institutions that could help improve the health of the population and reduce inequalities in health through their activities. The Ministry will ensure the evaluation of health promotion programmes carried out in these environments, particularly those implemented by NGOs. Particular attention will be devoted to capacity building for work with vulnerable groups and to enhancing partnerships with local communities, NGOs, work organisations, education institutions and social security structures. The Ministry of Labour, Family, Social Affairs and Equal Opportunities has drafted the Resolution on the National Programme of Health and Safety at Work 2018-202738 to create and maintain a working environment which will preserve workers’ health throughout the entire period of their employment, so that they will be able to work longer, and the work performed will be to their personal satisfaction. The Ministry will continue its awareness-raising efforts for both employers and employees on health and safety at work by organising seminars and workshops, and through other relevant activities. As part of the project Eliminating Workplace Conflicts (Raising awareness of the possibility of mediation in disputes between employees and employers and consulting for employers), the Labour Inspectorate of the Republic of Slovenia will undertake awareness-raising activities and provide training (particularly) for employers on obligations and responsibilities concerning the provision of health and safety at work by means of workshops, lectures, conferences and seminars organised throughout Slovenia. The project is aimed at raising employers’ awareness of their obligations concerning the provision of health and safety at work, and of their duty to prevent conflicts in the working environment that result from inadequate practices and their negative effects on workers’ health. The Slovenian NAP makes no reference to human rights defenders or whistle-blowers. With this Action Plan, the Government commits to encouraging the development and promotion of human rights due diligence in business and puts forward the recommendation and the expectation that economic operators will set up a mechanism for human rights due diligence. (pg. 7-8) [T]he Government of the Republic of Slovenia expects economic operators to set up a human rights due diligence mechanism to facilitate the identification, prevention and mitigation of adverse human rights impacts, as well as to report on their mitigation measures. Human rights due diligence includes assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Enterprises provide human rights due diligence reports as part of their financial or sustainability reports. The Government of the Republic of Slovenia will strive for the development and implementation of human rights due diligence in business and will maintain dialogue with stakeholders concerning the implementation of human rights due diligence in practice. This Action Plan provides further information on human rights due diligence in the annex ‘Guidelines on the implementation of human rights due diligence in business’. (pg. 11) With this Action Plan, the Slovenian Government recommends that business enterprises based in Slovenia practice human rights due diligence throughout the business process to guarantee human rights in business in accordance with the UN Guiding Principles. It also recommends they include due diligence reports in their annual reports or in sustainability reports. The Guidelines on Corporate Human Rights Due Diligence are included as an annex to the Action Plan to help draft due diligence reports. (pg. 22) The Slovenian Government will strive to develop and foster human rights due diligence in business operations, and promote its recommendations for business enterprises, with a focus on those owned or co-owned by the state. When monitoring the implementation of the Action Plan, the Slovenian Government will continue the dialogue with the business sector, trade unions, NGOs and other partners on the implementation of human rights due diligence in practice, including the designing of mechanisms and tools for this purpose. To support the implementation of human rights due diligence, the Government will examine the possibilities of carrying out projects aimed at informing enterprises of the content and methodology of due diligence plans, including by providing counselling for its drafting. (pg. 23-24) Slovenia will continue its efforts to establish cooperation with non-governmental organisations, businesses, trade unions and academia, to encourage enterprises to strive for continuous development and to apply the relevant appeal mechanisms to address the alleged or potential violations of human rights in business processes, also through human rights due diligence. (pg. 42) The review of the fulfilment of commitments with further proposals is conducted in multi-stakeholder form. Furthermore, the Ministry promotes, and steers activities aimed at developing mechanisms and tools for conducting human rights due diligence. (pg. 43) The UN Guiding Principles on Business and Human Rights define human rights due diligence as a process carried out by business enterprises to identify, prevent and mitigate adverse impacts on human rights, as well as to report on methods to reduce such impacts. Human rights due diligence is a permanent internal process and must be carried out by a responsible company to an extent appropriate to its size, sector, nature and geographical area to ensure respect for human rights. In addition, it is recommended that an enterprise also carry out human rights due diligence with its contractual partners and uses its influence to contribute to the acceptance of, and respect for, human rights. Human rights due diligence falls into the context of other careful assessments within the framework of the enterprise’s risk management. (pg. 44) The implementation of human rights due diligence can be summarised in five steps, which include adopting the commitment to respect human rights throughout business operations, setting up a structure for due diligence in all internal and external relations, a priority analysis, due diligence implementation through mechanisms for detecting, and responding to, violations and monitoring of, and reporting on, due diligence and respect for human rights. (pg. 45) The Slovenian NAP makes no reference to human rights impact assessments. The Slovenian NAP makes no reference to the ICT sector. The Slovenian NAP makes no reference to indigenous peoples. The Slovenian NAP makes no reference to investment treaties and investor-state dispute settlements. Read more about Investment treaties & investor-state dispute settlements The relevant human rights authorities in Slovenia include judicial bodies, state administration bodies, and other bearers of public authority. (pg. 8) In the event of workplace mobbing (bullying, harassment), the worker has the right to judicial protection and damages. (pg. 13) The Constitution of the Republic of Slovenia guarantees judicial protection of human rights and fundamental freedoms, and the right to obtain redress for violations of such rights and freedoms (Article 15 of the Constitution). (pg. 35) Regarding basic procedural rules, a comprehensive update of the regulations governing judicial protection sought by private parties in the event of human rights violations was carried out in 2017. One of the objectives of the amended regulations is to enable more effective protection of individuals’ rights…through the institutions enabling the unification of case law and thus greater legal predictability of court decision making, leading to enhanced judicial protection and trust in the law. (pg. 36) Regarding respect for human rights in the business sector, the Code contains an important provision stipulating that criminal liability is to be imposed on a legal person for criminal offences which the perpetrator commits in his name, on his behalf or in his favour. (pg. 36) The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37) About access to judicial protection for the socially underprivileged, it is important to mention the institution of free legal aid as defined in the Free Legal Aid Act. (pg. 37) Judicial verification and judicial protection regarding administrative acts and actions undertaken by the public administration are guaranteed by the Administrative Dispute Act. The right to trial without undue delay, judicial protection of this right and the right to just satisfaction if the right is violated are envisaged by the Protection of Right to Trial without Undue Delay Act. (pg. 37) Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37) In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37) Workers can also appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, since a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38) The purpose of the Class Actions Act is to improve access to judicial protection and ensure the exercise of the rights violated for individuals in cases of collective injury, to deter potential violators from illegal actions and to prevent the overload of courts due to an excessive number of independent actions in the event of collective injury. (pg. 39) The Advocate of the Principle of Equality may provide independent assistance to persons discriminated against when exercising their rights concerning protection against discrimination in the form of counselling and legal assistance in administrative and judicial proceedings regarding discrimination. (pg. 40) In accordance with the provisions of the Act on Alternative Dispute Resolution in Judicial Matters, the courts carry out programmes of court-related mediation. To promote court-related mediation, the Ministry of Justice of the Republic of Slovenia has prepared a set of activities to increase the visibility of mediation as a means of settling legal disputes, and to additionally inform parties to court proceedings of all the advantages offered by this method of resolving disputes. (pg. 41) The State grants access to judicial mechanisms and is developing new non-judicial mechanisms to facilitate access to effective appeal mechanisms related to violations of human rights in business. In so doing, the State strives to improve the effectiveness, accessibility, predictability and transparency of procedures. (pg. 42) The Slovenian NAP makes no reference to Land. In the framework of development cooperation, migration is an important cross-cutting issue, and in dealing with this issue, it is vital to engage the cooperation of all shareholders – state bodies, non-governmental sector and businesses – to ensure the necessary integration and employment of migrants. (pg. 31) Institutions specialised in human rights protection and promotion include: the Human Rights Ombudsman, the Advocate of the Principle of Equality, coordinators for equal opportunities for women and men, the Commission for Petitions, Human Rights and Equal Opportunities, the Office of the Republic of Slovenia for National Minorities, and numerous working bodies established by the Government or operating within ministries. (pg. 8-9) To promote and protect human rights and fundamental freedoms and to enhance legal security, the amended Human Rights Ombudsman Act establishes the Centre for Human Rights… (pg. 34) The Centre for Human Rights and the Ombudsman will cooperate more closely with international organisations in the fields of enforcing, promoting and developing human rights and fundamental freedoms, including in the framework of the Global Alliance for National Human Rights Institutions (GANHRI), the European Network of National Human Rights Institutions (ENNHRI), the United Nations (Human Rights Council), the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the European Union. (pg. 34) The Council of Human Rights, the establishment of which also arises from the amended Human Rights Ombudsman Act, promotes quality cooperation in the framework of international multilateral mechanisms, its tasks include dealing with reports of the Republic of Slovenia submitted to international organisations in the sphere of human rights, and participating in the drafting of independent reports of the Human Rights Ombudsman on meeting the Republic of Slovenia’s international obligations regarding human rights. (pg. 34) According to the Principles relating to the Status of National Institutions (the Paris Principles), Slovenia’s Human Rights Ombudsman has been accredited with B-status. To provide the legal basis for A-status, the Ministry of Justice and the Human Rights Ombudsman prepared the Act Amending the Human Rights Ombudsman Act. (pg. 39) The Council of Human Rights started its work in June 2018, and it may provide views on development policies on human rights and fundamental freedoms, and, on the initiative of the Ombudsman, address wider issues concerning the promotion, protection and monitoring of human rights and fundamental freedoms. (pg. 39) The Act Amending the Human Rights Ombudsman Act was adopted by the National Assembly of the Republic of Slovenia in September 2017; it establishes the Centre for Human Rights. (pg. 39) The Centre for Human Rights, which will start its work in January 2019, will provide information, education, training, analyses and reports fields of human rights and fundamental freedoms promotion and protection, as well as organising consultations related to the enforcement, promotion and protection of human rights and fundamental freedoms. (pg. 39-40) Regarding initiatives under Article 26 of the Human Rights Ombudsman Act, the Ombudsman’s broader mandate does not include initiatives in the private sector; however, the proposed amendments to the Act will enable a general consideration of issues concerning the human rights situation in the business sector. (pg. 40) With the Act Amending the Human Rights Ombudsman Act, Slovenia expanded the mandate of the Human Rights Ombudsman, thus enabling an upgrade of the Ombudsman’s current scope of activities and ensuring comprehensive provision of informal human rights protection both when dealing with cases and initiatives, and in addressing systemic irregularities, while at the same time strengthening the Ombudsman’s research and educational activities. In this context, a more prominent role is foreseen for the Ombudsman in the sphere of business and human rights as well. (pg. 41) The implementation of the National Action Plan of the Republic of Slovenia on Business and Human Rights is monitored by the Ministry of Foreign Affairs of the Republic of Slovenia in cooperation with other ministries and government offices; the Ministry may invite representatives of the Government, Human Rights Ombudsman, business sphere, trade unions, NGOs and academia to cooperate. (pg. 43) Read more about National Human Rights Institutions/ Ombudspersons Several new legal provisions proactively ensure the strengthening of respect for human rights in business, which involves non-financial reporting on the environmental and social impacts of major business enterprises, measures to promote equality, and considering environmental, social and labour law aspects in public procurement. (pg. 7) Slovenia has recently included several proactive provisions in national legislation to foster respect for human rights in business. An example is the Act Amending the Companies Act of April 2017, which introduces non-financial reporting on the environmental and social impacts of major enterprises and measures to promote equality. (pg. 10) Slovenia has adopted a new legal regulation aimed at increasing the transparency of certain companies and at improving the adequacy, convergence and comparability of non-financial information, increasing the transparency and consequently the diversity in their administrative, management and supervisory bodies, increasing corporate responsibility and efficiency and thereby the effectiveness of the single market, and at improving corporate management. In accordance with Directive 2014/95/EU, which requires that certain large companies disclose relevant non-financial information to provide investors and other interested parties with a more complete picture of the development, efficiency, status and environmental and social impacts of their activities, Slovenia incorporated the obligation of non-financial reporting for large companies into its legal system in April 2017. In addition, to create a transparent, effective and clear management system which fosters the trust of investors, employees and the general public in the corporate management system, Slovenia has extended the list of companies which are required to include non-financial statements in their annual reports. (pg. 21) Planned measures: Non-financial reporting: In accordance with the Act Amending the Companies Act, which transposed Directive 2014/95/EU into the Slovenian legal order, large companies which are public-interest entities exceeding the average number of 500 employees must include a non-financial statement in the management report, containing information on their environmental and social impacts. Published as part of the annual report (or as a separate report), the statement must contain information at least on environmental, social and human resources issues, respect for human rights, and matters relating to the fight against corruption and bribery. The obligation to report also applies to large companies with the number of employees at the consolidated basis exceeding 500, which have to prepare consolidated annual plans. In addition, all companies subject to audit have to outline the policy of representation diversity in their management or supervisory bodies (diversity based on gender, age, education). The diversity of skills and positions of members of management or supervisory bodies improves the understanding of business operations and openness to innovative ideas, prevents similarity of views, etc. The above provision is aimed at indirectly contributing, through such diversity, to the more successful management of companies. The monitoring and supervision of implementation of the abovementioned legal provisions will be entrusted to the Ministry of Economic Development and Technology. As part of drafting policies and measures for restructuring and the transition to a circular economy, the Ministry of the Environment and Spatial Planning, in cooperation with other relevant ministries, will actively promote the use of voluntary environmental labelling instruments at the EU level, such as Ecolabel and EMAS. To this end, targeted expert support and assistance will be offered to companies and organisations through financial incentives and more widely by promoting sustainable production and consumption. (pg. 23) One of the basic principles of corporate social responsibility is transparency; therefore, it must be ensured that the enterprise report regularly comprehensively and clearly to stakeholders on its observance of human rights. The simplest way for an enterprise to report observance of human rights is in its annual report, or a special sustainability report, or a corporate social responsibility report, in which it also reports on other non-financial aspects of business operations. In planning the scope and structure of the report, the enterprise can draw from some international standards and initiatives that include human rights and have developed basic indicators for monitoring them, inter alia: By joining some of the Slovenian initiatives and by acquiring certificates, enterprises can fully or partially comply with requirements concerning human rights. Some of the relevant certificates are: Family-friendly company, Socially responsible company, EFQM excellence model, Golden Thread, Most respectable employer, HORUS – Slovenian award for social responsibility, Leader in social responsibility and sustainable development; alongside other means in support of this field. (pg. 47) The National Contact Point can, through mediation and the conciliation procedure, help businesses and stakeholders to resolve issues concerning violations of the OECD Guidelines for Multinational Enterprises. (pg. 40) All Slovenian courts (local, district, labour, higher, and higher labour and social courts) enable alternative settlements of legal disputes, or more precisely, mediation. The alternative settlement of disputes does not involve a trial, but one or several neutral third parties facilitate the settlement of a dispute. (pg. 40) The State grants access to judicial mechanisms and is developing new non-judicial mechanisms to facilitate access to effective appeal mechanisms related to violations of human rights in business. (pg. 42) This Action Plan commits the Republic of Slovenia to achieving the objectives of the UN Guiding Principles and of other important international mechanisms concerning business and human rights protection and promotion, e.g. the OECD Guidelines for Multinational Enterprises… (pg. 4) Furthermore, enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7) In accordance with the OECD Declaration on International Investment and Multinational Enterprises and the OECD Guidelines for Multinational Enterprises, Slovenia is committed to the principles and standards of responsible business. (pg. 9) In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11) In accordance with the OECD Declaration on International Investment and Multinational Enterprises and the OECD Guidelines for Multinational Enterprises, Slovenia is committed to the principles and standards of responsible business conduct. (pg. 21) To promote responsible business conduct, the Slovenian National Contact Point for the OECD Guidelines for Multinational Enterprises…has been entrusted with tasks: active promotion of the OECD Guidelines for Multinational Enterprises; informing enterprises and the general public of the content of the OECD Guidelines for Multinational Enterprises; conducting mediation and conciliatory proceedings on the basis of filed complaints on violations of the Guidelines; monitoring the work of domestic and foreign multinational enterprises in Slovenia; cooperation with key institutions on promoting the principles of social responsibility of enterprises; annual reporting to the OECD Investment Committee, and regular consultations within the OECD. (pg. 22) The Ministry of Economic Development and Technology provides technical support to the Slovenian National Contact Point for the OECD Guidelines for Multinational Enterprises. (pg. 22) The Ministry of Economic Development and Technology will be implementing activities to inform companies and the public of the OECD Guidelines for Multinational Enterprises, which were translated into the Slovene language in 2016. (pg. 23) As an OECD member country, Slovenia is bound by OECD recommendations requiring that decisions on officially supported export credits are based on the common principles for addressing environmental and social requirements for the export of capital, goods and services to certain locations. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24) The SID Bank is guided by the concept of responsible lending and implements the OECD policy on sustainable lending for export credit guarantees. (pg. 25) The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions, to protect the environment and to observe the provisions contained in the OECD Guidelines for multinational enterprises. (pg. 30) Out-of-court dispute settlements are also possible through the OECD National Contact Point, which was established at the Ministry of Economic Development and Technology. The National Contact Point can, through mediation and the conciliation procedure, help businesses and stakeholders to resolve issues concerning violations of the OECD Guidelines for Multinational Enterprises. (pg. 40) To raise awareness of the OECD Guidelines and National Contact Point, the Ministry of Economic Development and Technology of the Republic of Slovenia will carry out activities for multinational enterprises that promote the OECD Guidelines. The Republic of Slovenia will strive to improve the functioning of the Slovenian National Contact Point in accordance with the OECD Guidelines. (pg. 41) Protection of persons with disabilities against discrimination is provided for by legislation, which also envisages positive, protective and other measures for such persons. (pg. 14) Slovenia is striving to guarantee measures to improve the employability of persons with disabilities by providing various programmes and training. In this context, it is essential to inform employers of the possibility of adequately adjusting the working environment and the workplace, as well as to encourage persons with disabilities to seek employment. (pg. 14) In accordance with the European Disability Strategy 2010–2020 and the World Programme of Action for Youth, special attention is devoted to measures for the effective development of employment possibilities and opportunities for young people with disabilities. (pg. 14) The priorities regarding the work and employment of persons with disabilities include: Improving the employability of employed persons with disabilities, fostering the training and employment of disabled persons in state administration bodies, and providing an expert support network for employment rehabilitation. (pg. 17) Slovenia is bound by OECD recommendations. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24) The Ministry of Foreign Affairs will devote attention to the implementation of policy coherence for development in Slovenia, thus ensuring that policies and legislation adopted by Slovenia are not to the detriment of developing countries. (pg. 25) The Slovenian NAP does not make an explicit reference to privatisation. Several new legal provisions proactively ensure the strengthening of respect for human rights in business, which involves… considering environmental, social and labour law aspects in public procurement. (pg. 7) The Public Procurement Act, entered into force in April 2016, provides for solutions to make public procurement simpler, more flexible and more efficient, and places a greater emphasis on some aspects of social and environmental policies. (pg. 10) Such amendments introduce principles relating to the environment and social integration, as well as ensuring respect for rights arising from the legislation in force, thus promoting, in the context of public procurement, the social and environmental responsibility of enterprises and helping them to consolidate their standing in the market. (pg. 10) In accordance with the Framework Programme for the Transition to a Green Economy, the Slovenian Government will focus on further activities for developing and interconnecting green economy policies. The focus will be placed on… green public procurement and green budget reform; sustainable urban development; public sector activities that may serve as models; education and training for the green economy; and green practice in agriculture. (pg. 22) The State may enter business relations with economic operators also through public procurement activities. Public procurement is thus an important tool for pursuing and achieving the objectives of secondary policies, such as environmental, social and sustainable policies. In this vein, the Public Procurement Act, which entered into force on 1 April 2016 and follows the EU law in this field, puts special emphasis on the various aspects of social and environmental policies. (pg. 26) As one of the fundamental principles of public procurement, the Act includes the horizontal social clause, which requires economic operators, when implementing public contracts, to observe obligations under EU environmental, social and labour law, regulations in force in Member States, collective agreements and international law. (pg. 26) In the amended Public Procurement Act (ZJN-3A), which took effect on 1 November 2018, when the contracting authority is informed that the court, by a final decision, determines violations of labour, environmental or social law on the part of the contractor or any of the subcontractors, or when the contracting authority is informed that, during the implementation of the contract, the competent state authority determined, on the part of the contractor or any of the subcontractors, at least two violations related to wages, working hours, rest periods, work on the basis of civil-law contracts despite evident elements of employment relationship or illegal employment for which, by a final decision or multiple final decisions, a fine for a minor offence has been imposed. (pg. 26-27) The Act also specifically stipulates that the contracting authority must take into consideration the principles of socially responsible public procurement by including measures related to social aspects. Social inclusion is also promoted by the possibility of reserved contracts, whereby the contracting authority may reserve the right of participation in public procurement procedures for certain economic operators, e.g. sheltered workshops, job centres and social enterprises employing disadvantaged workers. (pg. 27) In Slovenia, green public procurement has been mandatory since 2011; the amended Act stipulates in what cases green public procurement is mandatory, which environmental aspects must be taken into consideration by contracting authorities when publishing calls for applications, and which objectives must be achieved by the contracting authority regarding every public contract. (pg. 27) In public procurement, special attention is also devoted to the subcontracting chain, the transparency of which must be ensured by the main contractor. (pg. 27) Slovenia will promote the achievement of the goals set by labour, social and environmental policies, also through the instrument of public procurement, and strive for accelerated and effective implementation of regulatory provisions. (pg. 28) Slovenia will implement awareness-raising activities and training in the inclusion of social and environmental aspects in public procurement procedures and will continue to provide a single point of contact, the so-called Helpdesk, which will offer professional assistance to contracting authorities and economic operators participating or interested in public procurement procedures. (pg. 28) The single point of contact has already been established and has been functional at the Public Procurement Directorate at the Ministry of Public Administration of the Republic of Slovenia since 15 September 2016. (pg. 28-29) Slovenia will continue to update its structures in the field of green public procurement and keep adapting them to technological advances and the situation in the market. (pg. 29) Two sets of guidelines are in preparation in cooperation with professional interest groups, namely: Guidelines on the public procurement of security services Slovenia supports the EU approach to environmental and social issues, and will continue to promote the development of micro, small and medium-sized enterprises as major drivers of sustainable development. (pg. 32) The Slovenian NAP makes no reference to state-owned enterprises. Read more about State Owned Enterprises/ Public Private Partnerships The Republic of Slovenia adopted this Action Plan to enhance activities aimed at ensuring respect for human rights in business operations along the entire value chain. (pg. 4) An enterprise should identify the relevant facts through the entire value chain – not only within its business process but also on the outside, i.e. in relation to its contractual partners. A priority list of the potentially most critical human rights should be made, and a practical connection between them and business operations along the entire value chain should be established. (pg. 46) The Slovenian NAP makes no reference to taxation. The Government also supports voluntary measures to foster business culture and ethics based on the values of social responsibility and the principles of sustainable development. The 2030 Agenda for Sustainable Development calls on the business sector to voluntarily support sustainable development. (pg. 7) In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures… promoting sustainable development. (pg. 9) In October 2015, the Slovenian Government adopted the Framework Programme for the Transition to a Green Economy, which sets out the groundwork for a faster and more focused transition to a green economy…including a flexible framework for upgrading and planning further activities in the dialogue with stakeholders. (pg. 20) These (OECD) recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24) The Slovene Export and Development Bank – SID Bank is based on the principle of balanced and sustainable development with respect to economic, environmental and social development. (pg. 24) The Slovene export and development bank, SID Bank, will continue to observe the principles according to which it has operated, including the principle of balanced and sustainable development (economic, environmental and social development), and follow good practices in the implementation of these principles in comparable institutions in the EU. (pg. 28) The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions, to protect the environment. (pg. 30) The Ministry of Foreign Affairs of the Republic of Slovenia will continue to raise the awareness of the Slovenian business community, underlining the need to operate in accordance with the 2030 Agenda for Sustainable Development, also by organising targeted workshops. (pg. 31) Slovenia strives for the promotion of sustainable development, corporate social responsibility and respect for human rights. Slovenia supports the EU approach to environmental and social issues, and will continue to promote the development of micro, small and medium-sized enterprises as major drivers of sustainable development. (pg. 32) The promotion of sustainable development, particularly conservation and protection of biodiversity, the fight against climate change and respect for human rights are fundamental elements of the European Investment Bank’s lending policy. (pg. 33) As an EIB shareholder, Slovenia will continue to support the key elements of its lending policy, which are aimed at ensuring sustainable development, including respect for human rights. (pg. 33) By joining some of the Slovenian initiatives and by acquiring certificates, enterprises can fully or partially comply with requirements concerning human rights. Some of the relevant certificates are: Family-friendly company, Socially responsible company, EFQM excellence model, Golden Thread, Most respectable employer, HORUS – Slovenian award for social responsibility, Leader in social responsibility and sustainable development; alongside other means in support of this field. (pg. 47) The Slovenian NAP does not make an explicit reference to the tourism sector. Common trade policy falls within the exclusive competence of the European Union, a member of which is also Slovenia, and therefore Slovenia does not conclude preferential trade agreements with other countries. The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions, to protect the environment and to observe the provisions contained in the OECD Guidelines for multinational enterprises. (pg. 30) Promotion and protection of fundamental workers’ rights, also in transnational businesses and along the entire production chain. (pg. 6) Enterprises must respect and protect internationally recognised human rights as defined in the Universal Declaration of Human Rights and fundamental rights, as stipulated in the ILO Declaration on Fundamental Principles and Rights at Work. (pg. 7) enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7) In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11) The Employment Relationship Act contains several provisions to that effect, including a provision in accordance with EU regulations (Council Directive concerning the framework agreement on fixed-term work) and the ILO Convention concerning Part-Time Work No. 175, which stipulates that both a fixed-term and a part-time employment contract must provide for full legal and social security benefits. (pg. 12-13) In accordance with the Employment Relationship Act, the employer is obliged to provide a working environment in which no worker is subject to sexual or other harassment or mobbing, either verbal, non-verbal or physical, by the employer, superiors or co-workers. The Employment Relationship Act stipulates fines for violations of these obligations by the employer. (pg. 13) The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions… (pg. 30) The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37) Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37) In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37) Workers can appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, based on a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38)Children’s rights
Slovenia’s priorities
Principle 3a – Work and employment of persons with disabilities
Conflict-affected areas
Principle 7 – Conflict-affected areas
Construction sector
Corporate law & corporate governance
Principle 2
Principle 3(d) – Non-financial reporting
Principle 5 – Oversight
Principle 10 – Basic Principles
Annex – Human Rights Due Diligence in Practice
Corruption
Principle 1 – State’s duty to protect human rights
Principle 2 – States sets expectation for respecting human rights
Principle 3(d) – Non-financial reporting
Principle 9 – Adequate domestic policy to meet HR obligations
Data protection & privacy
Principle 2 – States sets expectation for respecting human rights
Development finance institutions
Principle 4 – Businesses receiving State support
Energy sector
Environment & climate change
Slovenia’s priorities
State’s expectations of business enterprises
Principle 1 – State’s duty to protect human rights
Principle 2 – State’s expectations of business enterprises
Principle 3d – Consumer Rights
Principle 3d – Environment
Principle 3d – Non-financial reporting
Principle 4 – Businesses receiving State support
Principle 6 – Commercial Transactions
Principle 9 – Domestic policy
Principle 10 – Basic Orientations
Annex I – Human Rights Due Diligence in Practice
Equality & non-discrimination
Slovenia’s priorities
Principle 1 – State’s duty to protect HR
Principle 3a – Equal opportunities for women and men
Principle 3d – Non-financial reporting
Principle 5 – Oversight
Principle 6 – Planned Measures
Principle 8 – Gov’t agencies observe HR obligations
Principle 8 – Planned activities/orientations
Principle 27 – Advocate of the Principle of Equality
Principle 27 – Planned Measures: Advocate of the Principle of Equality
Annex I – Human Rights Due Diligence
Export credit
Principle 4 – Businesses receiving State support
Extractives sector
Extraterritorial jurisdiction
Principle 2 – States sets expectation for respecting human rights
Finance & banking sector
Principle 3a – Consumer Rights
Principle 4 – Businesses receiving State support
Principle 6 – Planned Measures
Principle 10 – Basic Orientations
Fisheries and aquaculture sectors
Forced labour & modern slavery
Slovenia’s priorities
Principle 1 – State’s duty to protect HR
Principle 3a – Human trafficking for forced labour exploitation
Principle 3a – Human trafficking for forced labour exploitation
Annex I – Human Rights Due Diligence
Freedom of association
Principle 1 – State’s duty to protect HR
Principle 3d – Human Rights Due Diligence
Principle 8 – Gov’t agencies observe HR obligations
Principle 8 – Planned activities/orientations
Principle 31 – Operational-level Mechanisms
Annex I – Human Rights Due Diligence
Implementation of the National Action Plan
Garment, Textile and Footwear Sector
Gender & women’s rights
Slovenia’s priorities
Principle 1 – State’s duty to protect HR
Principle 3a – Equal opportunities for women and men
Principle 3a – Equal opportunities for women and men
Principle 3d – Non-financial reporting
Principle 5 – Oversight
Principle 6 – Planned Measures
Principle 8 – Gov’t agencies observe HR obligations
Principle 8 – Planned activities/orientations
Annex I – Human Rights Due Diligence
Guidance to business
Principle 3a – Laws enforcing respect for HR
Principle 3a – Health and safety at work
Principle 6 – Planned measures
Principle 10 – Basic Orientations
Health and social care
The State’s duty to protect human rights
Principle 2 [page 10]
Principle 3a [page 14]
Human rights defenders & whistle-blowers
Human rights due diligence
The state’s expectations of business enterprises
Principle 2 – States sets expectation for respecting human rights
Principle 3d – Human Rights Due Diligence
Principle 31 – Operational-level mechanisms
Implementation of the National Action Plan
Annex I – Human Rights Due Diligence
Annex I – Human Rights Due Diligence in Practice
Human rights impact assessments
ICT & electronics sector
Indigenous peoples
Investment treaties & investor-state dispute settlements
Judicial remedy
Principle 1- State’s duty to protect HR
Principle 3a – Workplace Mobbing
Principle 26 – Domestic judicial mechanisms
Principle 26 – Planned Measures
Principle 27 – Alternative settlement of legal disputes
Principle 31 – Nonjudicial Grievance Mechanisms
Land
Migrant workers
Principle 9 – Adequate domestic policy to meet HR obligations
National Human Rights Institutions/ Ombudspersons
Principle 1 – State’s duty to protect HR
Principle 10 – Basic Orientations
Principle 27 – Human Rights Ombudsman
Principle 27 – Planned Measures
Implementation of the National Action Plan
Non-financial reporting
The state’s expectations of business enterprises
Principle 2 – States sets expectation for respecting human rights
Principle 3d – Non-financial reporting
Annex I – Guidelines on Corporate Human Rights Due Diligence
Non-judicial grievance mechanisms
Principle 27 – OECD National Contact Point
Principal 27 – Alternative settlement of legal disputes
Principle 31 – Nonjudicial Mechanisms
OECD National Contact Points
Introduction
The state’s expectations of business enterprises
Principle 1 – State’s duty to protect HR
Principle 2 – States sets expectation for respecting human rights
Principle 3d – OECD Guidelines
Principle 3d – Planned Measures – OECD Guidelines
Principle 4 – Businesses receiving State support
Principle 9 – Adequate Domestic Policy
Principle 27 – OECD National Contact Point
Principle 27 – Planned Measures – OECD National Contact Point
Persons with disabilities
Principle 3a – Work and employment of persons with disabilities
Policy coherence
Principle 4 – Businesses receiving State support
Principle 5 – Oversight
Privatisation
Public procurement
The state’s expectations of business enterprises
Principle 2 – States sets expectation for respecting human rights
Principle 3d – Planned Measures – Environment
Principle 6 – Commercial transactions between states and businesses
Principle 6 – Planned Measures
Security sector
Principle 6 – Commercial transactions between states and businesses
Small & medium-sized enterprises
Principle 10 – Basic Orientations
State Owned Enterprises/ Public Private Partnerships
Supply chains
Introduction
Annex I: Human Rights Due Diligence in Practice
Taxation
The 2030 Agenda for Sustainable Development
The state’s expectations of business enterprises
Principle 1 – State’s duty to protect HR
Principle 3d – Environment
Principle 4 – Businesses receiving State support
Principle 6 – Planned Measures
Principle 9 – Adequate Domestic Policy
Principle 9 – Planned activities/orientations
Principle 10 – Basic Orientations
Annex I – Human Rights Due Diligence in Practice
Tourism sector
Trade
Principle 9 – Adequate Domestic Policy
Workers’ rights
Slovenia’s Priorities
The state’s expectations of business enterprises
Principle 2 – States sets expectation for respecting human rights
Principle 3a – Precarious Work
Principle 3a – Workplace mobbing [bullying]
Principle 9 – Adequate Domestic Policy
Principle 26 – Access to assistance
