2024 Trafficking in Persons Report: Slovania

SLOVENIA (Tier 2)

The Government of Slovenia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore Slovenia remained on Tier 2. The government identified more trafficking victims, including a child victim, amended its law to give third country national crime victims, including trafficking victims, the right to apply for compensation, and raised awareness of the risks of forced labor among businesses. The government partially funded a facility that could provide services to child victims and cooperated with EU member states in law enforcement efforts. However, the government did not meet the minimum standards in several key areas. The government prosecuted fewer traffickers and did not convict any traffickers for the third consecutive year. Authorities did not prosecute labor traffickers and regularly pursued potential labor trafficking cases as administrative labor code violations, resulting in lesser penalties and weakening deterrence. Lack of proactive victim identification efforts resulted in the government not identifying any labor trafficking victims, male victims, or victims among asylum-seekers, despite the risk of trafficking to this group. The government did not report awarding restitution or compensation to any victims.

Vigorously investigate and prosecute sex and labor trafficking crimes and seek adequate penalties for convicted traffickers, which should involve significant prison terms. * Improve efforts to proactively identify victims, especially children, asylum-seekers, males, and victims of labor trafficking, and refer all victims to care. * Ensure labor trafficking is investigated and prosecuted as a trafficking crime and not pursued as an administrative labor code violation. * Amend the definition of trafficking under Slovenian law to align more closely with the definition under international law. * Prioritize investigation and prosecution of labor traffickers and improve coordination between labor inspectors and police. * Increase training to all front-line officials, including labor inspectors, on victim identification for labor trafficking and consider a partnership with NGOs for labor trafficking victim identification. * Allow formal victim identification by and referral from entities other than police, including civil society, social workers, and health care professionals. * Consistently enforce strong regulations and oversight of labor recruitment companies, enforce the elimination of recruitment fees charged to migrant workers and ensure any recruitment fees are paid by employers, and hold fraudulent labor recruiters criminally accountable. * Train judges on human trafficking, with an emphasis on the use of non-physical means in trafficking crimes, such as fraud or psychological coercion. * Establish a process to ensure systematic provision of care and designated facilities for child victims of trafficking, including enhanced training of caregivers and foster care parents. * Appoint a national rapporteur to provide independent review of government anti-trafficking efforts. * Increase efforts of prosecutors to systematically request restitution for victims in criminal trials, including for EU and non-EU citizen victims, and increase victim access to the state fund for crime victims. * Establish a specialized police unit dedicated to investigating human trafficking, with sufficient resources, to ensure the prioritization of trafficking investigations.

The government decreased anti-trafficking law enforcement efforts. Article 113 of the criminal code criminalized sex trafficking and labor trafficking and prescribed penalties ranging from one to 10 years’ imprisonment for offenses involving an adult victim and three to 15 years’ imprisonment for those involving a child victim or other aggravating factors. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those prescribed for other grave crimes, such as rape. However, inconsistent with the definition of trafficking under international law, Article 113 established the use of force, fraud, or coercion as an aggravating factor rather than an essential element of the crime.

Police investigated 36 potential trafficking cases, compared with 10 investigations in 2022. Prosecutors initiated criminal proceedings against 16 sex trafficking suspects and two legal entities under Article 113, compared with prosecutions initiated against 25 individual trafficking suspects and no legal entities in 2022. The government reported investigating suspects for labor trafficking; however, it did not successfully prosecute any suspects for labor trafficking for at least three consecutive years. For the third consecutive year, the government did not convict any traffickers. The government did not report any prosecutions or convictions of government employees complicit in human trafficking crimes. In 2022, media reported a case involving labor inspectors allegedly notifying traffickers before labor inspections; however, police did not find any evidence of a tip off in their investigation nor identify elements of forced labor, although they filed charges for late payment of wages. The government provided extensive anti-trafficking training for police, prosecutors, criminal investigators, businesses, labor inspectors, staff at diplomatic missions and consulates, military personnel, civil society, and other government officials on various topics, including forced labor, investigative techniques, victim identification, unaccompanied minors, and trafficking trends. While the government did not have a specialized anti-trafficking investigation unit, each of the eight police districts had at least one officer responsible for coordinating trafficking investigations, creating a de facto nationwide coordination network. However, NGOs expressed concern police units responsible for investigating human trafficking were overburdened and understaffed; NGOs urged the government to establish dedicated police units to investigate and prioritize human trafficking. Several NGOs noted concerns regarding poor coordination between labor inspectors and police, which may have hindered the identification of labor trafficking cases. NGOs assessed authorities pursued possible labor trafficking cases as administrative labor code violations, resulting in lesser penalties and little deterrence. A 2023 GRETA report urged authorities to increase prosecutions and convictions of traffickers, noting concern that between 2017 and 2021, only 26 perpetrators of criminal offenses registered by police (28 percent) resulted in human trafficking convictions. GRETA noted judges may take a narrow view of what constitutes human trafficking, for example, by requiring evidence of physical violence.

The government maintained police attaches in Austria, Bosnia and Herzegovina, Croatia, North Macedonia, and Serbia to assist in coordination of international cases. In 2023, Slovenian police cooperated with Italian counterparts on two alleged trafficking cases. In addition, the government, with other EU member states and EUROPOL, took part in several large-scale coordinated actions on human trafficking. Although Slovenia participated in the coordinated actions, police did not identify any traffickers nor victims in Slovenia during these “action days.” The prosecutor’s office continued coordination with the Government of Greece and the EU Agency for Criminal Justice Cooperation on an alleged labor trafficking case from 2019 involving a Greek diplomat in Slovenia; the case remained ongoing at the close of the reporting period.

The government increased victim protection efforts. In 2023, the government identified 24 confirmed victims of sex trafficking and 60 potential victims, compared with three confirmed sex trafficking victims and 14 potential victims in 2022 and 40 confirmed victims and two potential victims identified in 2021. Of the 24 confirmed victims, one was a child victim from Slovenia and 23 were foreign national women from Bosnia and Herzegovina, Montenegro, Croatia, the People’s Republic of China, Romania, Serbia, and Ukraine. For the second consecutive year, the government did not identify any labor trafficking victims. Experts, including a 2023 GRETA evaluation, continued to raise concerns regarding gaps in authorities’ identification of victims among children, migrants, asylum-seekers, and victims of forced labor; however, in 2023, the government did not identify any male victims or victims among asylum-seekers. Asylum centers and a Ministry of Interior (MOI)-funded NGO continued to screen all new migrant and asylum arrivals for trafficking indicators, but despite the risk of trafficking to this group, the government did not report identifying any trafficking victims among these vulnerable populations.

Government officials continued to utilize the National Manual for Identification of Victims of Trafficking in Persons. In 2023, police developed indicators, including for at-risk groups such as unaccompanied minors and refugees from Ukraine, and disseminated these to NGOs and first responders. In 2022, the government drafted updated guidelines for labor inspectors to identify victims and, in 2023, the government finalized the guidelines and published them on its anti-trafficking website. The majority of victims continued to be proactively identified by police, and coordination between police and NGOs was strong.

While government officials and civil society could “detect” trafficking victims, only police could formally identify victims, and the government required formal identification by police for victims to receive access to long-term care. Victims could request interviews with NGOs before meeting with law enforcement, and NGOs could accompany victims to interactions with law enforcement. Once a victim is identified, government regulations require police to refer victims to one of two government-funded NGOs that had formal cooperation agreements with the government to ensure adequate provision of care to victims. Although the government upgraded these procedures, according to NGOs, experts noted a lack of uniform implementation of victim referral procedures for some vulnerable groups like undocumented migrants and asylum-seekers. Police previously stated identifying asylum-seekers as trafficking victims was difficult in part because asylum-seekers were often only in Slovenia a few days, while in transit to other EU countries. A 2023 GRETA report noted authorities did not dedicate sufficient resources to detect trafficking victims among asylum-seekers. NGOs noted continued strong cooperation with police on the identification of sex trafficking victims, with NGO care providers included in police interactions with commercial sex establishments to assist in victim identification; however, authorities did not report cooperating with such NGOs in similar operations intended to identify labor trafficking victims.

The government referred and provided assistance to 17 victims. Seven of the 17 victims entered the government-funded crisis housing program, but none entered the safe accommodation program. This compared with three victims assisted in the crisis housing and safe accommodation programs in the previous reporting period. Ten victims entered the reintegration program, which offers psychosocial support, counseling, help and support in arranging documents, and job training and placement. The government allocated €136,000 ($150,280) for housing victims in 2023, compared with €133,320 ($147,315) in 2022. The government continued to partially fund two NGOs, supplemented by private donations, which provided victims trafficking-specific crisis support and safe housing. Both NGOs were among a wider range of organizations providing services such as counseling, medical care, psycho-social support, legal representation during investigations and court proceedings, and filing of documentation for residency status. The law allowed non-EU foreign victims a 90-day reflection period during which they could remain in Slovenia while recovering and considering whether to cooperate with law enforcement in investigations. All victims, citizens and foreign nationals, could receive crisis housing for a maximum of 30 days, after which they could enter safe accommodations for 60 days regardless of cooperation with law enforcement. Officials prepared individual assistance and protection programs for victims admitted into the safe accommodation program. However, after 90 days, to continue to receive shelter and long-term care, the law required victims receive a temporary residence permit based on either law enforcement cooperation in criminal proceedings or qualification under the “personal circumstances” amendment. A temporary residence permit for “personal circumstances” could be issued for a maximum of one year, with an option for a one-year extension. Victims were not permitted to work during the 90-day reflection period; however, they were eligible for employment once they once they received a temporary residence permit. Victims cooperating in criminal proceedings could temporarily stay for 180 days or longer, if needed, for the trial of a trafficker, but had limited options to extend their stay after the conclusion of criminal proceedings. The government did not report issuing any temporary residence permits to trafficking victims.

Slovenian and foreign victims had access to the same protection services and had free movement in and out of shelters. GRETA continued to express concern about unaccompanied child victims disappearing from public care, urging the development of more suitable accommodations for children with fully trained staff or foster parents. The government, along with a foreign government, funded a children’s facility to provide victim support, welfare assessments, and child-friendly criminal justice procedures for unaccompanied children and child victims of abuse, including trafficking. The government did not report providing services to any child trafficking victims at the facility; the one child victim identified was placed in foster care.

Victims participating in criminal pretrial and criminal proceedings had a right to interpretation services and a protective escort, although the government did not report how many victims received these services. All victims who entered the government’s crisis and safe accommodation program could access legal aid; however, GRETA noted, in practice, victims relied on NGOs for legal assistance. In March 2023, the government passed amendments to grant asylum-seekers the ability to legally work three months after arriving in Slovenia – which likely decreased asylum-seekers’ vulnerability to labor trafficking – whereas previously asylum-seekers were unable to legally work for nine months while awaiting their asylum case adjudication. NGOs previously reported there was an insufficient number of professional interpreters trained to translate the details of rights of potential trafficking victims for asylum intake proceedings. Some victims were reluctant to speak with social workers and counselors about their situations, given the same interpreters assisted in the different contexts of law enforcement investigations and court proceedings on their case.

Previously, only citizens of EU countries were eligible to apply for compensation from the state fund for crime victims; however, in July 2023, the government amended the law to extend the right to apply for compensation to third country national victims of crime, including trafficking victims. The government did not award compensation to any victims. In addition, prosecutors did not request restitution for any victims in criminal proceedings; historically, prosecutors typically did not do this, although there were no legal barriers to prevent it, instead requiring victims to seek damages themselves in a separate civil court case. NGOs urged prosecutors to systematically request restitution for victims at criminal trials. All victims could seek damages by filing a civil suit, although most victims did not pursue compensation because of legal costs, victim re-traumatization, and the desire to avoid additional court proceedings. Upon government seizure of a trafficker’s assets, victims could file a claim for restitution or damages; however, if the victim failed to file the claim, the trafficker’s assets were subsumed into the government’s budget. Under the witness protection act, victims could provide testimony via video or written statements and receive secure transport from accommodations to the courts, and courts kept victim identities confidential.

The government maintained prevention efforts. The MOI’s national coordinator for countering trafficking in persons continued to lead the Interdepartmental Working Group (IWG). The IWG included NGO, police, and MOI representatives and met twice to organize and coordinate awareness efforts and twice to discuss forced labor, protections among asylum-seekers, and trafficking trends involving unaccompanied minors. The MOI’s Anti-Trafficking Service Office continued to provide comprehensive support for investigators and victim service providers. The government implemented its 2023-2024 NAP which focused on trainings, awareness activities, and victim protection. Slovenia remained without an official independent national anti-trafficking rapporteur, a key GRETA recommendation. The government provided €10,000 ($11,050) for prevention efforts, including awareness raising projects in 2023, compared with €10,200 ($11,271) in 2022 and no funding in 2021. In 2023, the government, in collaboration with the EU, contributed €100,000 ($110,497) to a program focused on awareness raising for asylum-seekers on the risks of human trafficking. The government, independently and in cooperation with NGOs, conducted various awareness campaigns on forced labor, and the MOI continued to employ one dedicated staff member to raise awareness among children and adolescents by continuously providing workshops held in all primary and secondary schools. The government maintained a website, available in English and Slovenian, which raised awareness of forced labor and labor exploitation through its manual for companies and employers; gave instructions for how to contact NGOs; and provided a portal for anonymous reporting of potential trafficking crimes. The government continued to fund at least one NGO hotline, available in several languages, offering assistance to domestic violence and trafficking victims; the hotlines did not report the total number of trafficking-related calls received, but the government reported 72 calls between NGOs and police led to the identification of one confirmed victim and 42 potential victims. In 2023, the government passed a decree to regulate accommodations for unaccompanied minors, who remain a vulnerable population.

Since the start of Russia’s full-scale invasion of Ukraine, Slovenia extended temporary protection status to more than 8,000 Ukrainian refugees, which provided access to social benefits, education, and work permits. The government, in partnership with NGOs, increased public awareness campaigns on trafficking risks among refugees fleeing Ukraine. Authorities identified one sex trafficking victim from Ukraine and 42 potential sex trafficking victims.

Slovenian law prohibited contract switching and the charging of placement or recruitment fees to workers, as well as passport and wage withholding. Migrant workers could change employers without delay or prior government permission, which may have decreased their vulnerability to trafficking. However, while the law required employers to pay recruitment fees, in practice, NGOs assessed the government did not effectively enforce the law and employers frequently passed these fees on to workers through salary deductions and other means. NGOs noted labor trafficking received insufficient attention and resources for effective investigations by the government. Furthermore, authorities often prosecuted and shut down the legal entity or company rather than prosecuting specific perpetrators, allowing perpetrators to subsequently establish companies with a new name and continue to exploit victims in labor trafficking. When some, but not all, criteria for labor trafficking were met, the government reported prosecutors may have pursued the criminal charge under Article 196, of violation of fundamental rights of workers. While labor inspectors did not have the authority to identify trafficking victims, inspectors completed 312 labor inspections; however, inspectors did not report identifying any potential victims of labor trafficking or refer cases for further investigation. Experts noted the labor inspectorate lacked resources to monitor Slovenian companies employing workers in other EU countries. The government prohibited public procurement of goods from sources which had elements of trafficking in human beings. The government maintained an anti-trafficking cooperation agreement with the Republic of North Macedonia. In 2023, the government cooperated on safe and responsible labor recruitment with the Netherlands and Slovakia. The government did not make efforts to reduce the demand for commercial sex acts.

As reported over the past five years, human traffickers exploit domestic and foreign victims in Slovenia, and, to a lesser extent traffickers exploit victims from Slovenia abroad. Slovenes as well as foreign workers and undocumented migrants from countries such as Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Romania, Serbia, Slovakia, and Ukraine are vulnerable to labor trafficking, including forced begging, domestic servitude, or in a variety of sectors such as construction, transportation, carwashes, and hospitality. Sometimes these persons are in transit to Western Europe, particularly Austria, Germany, or Italy, where traffickers exploit them in forced labor. Ukrainian refugees, predominantly women and children, fleeing Russia’s full-scale invasion of Ukraine, remain vulnerable to trafficking. Authorities report sex traffickers target Ukrainian refugee women at a government-run accommodation facility. Temporary work agencies continue to exploit workers, which sometimes amounts to labor trafficking. Asylum-seekers remain particularly at risk of trafficking in Slovenia. Traffickers exploit women and children from Slovenia and Eastern Europe, Western Balkan, Southeast Asian, and Latin American countries in sex trafficking in Slovenia, and many also transit to Western Europe, primarily Germany and Italy, where they are at risk of sex and labor trafficking. Roma are particularly vulnerable to trafficking, especially forced begging, in Slovenia.