Slovenia [REPUBLIKA SLOVENIJA]

Transcription

1 Slovenia [REPUBLIKA SLOVENIJA] research partner centre SLOVENSKA FILANTROPIJA - ZDRUŽENJE ZA PROMOCIJO PROSTOVOLJSTVA SLOVENE PHILANTROPHY - ASSOCIATION FOR THE PROMOTION OF VOLUNTARY WORK Ksenija Fonovic SPES - Centro di Servizio per il Volontariato del Lazio Eva Gračanin Slovenska filantropija - Združenje za promocijo prostovoljstva Slovene Philantrophy - Association for the Promotion of Voluntary Work 51

2 C O U N T R Y F A C T S H E E T country fact sheet Population March 2008: 2,028,630 Area 20,273 sq. km Population density March 2008: inhabitants per sq. km System of government Slovenia is a republic, its political system a parliamentary democracy. Slovenia is divided into 12 statistical regions, 210 municipalities and 6,028 settlements. The municipalities are the regional and local authorities in Slovenia. The government is divided into three branches: the executive, the legislative and the judiciary branch. European elections June 2007: 7 European Parliamentarians. Social security and welfare system As in most of the countries of continental Europe the majority of rights, ensured through the social security system, stem out of social security insurance. Social security insurance can be public or private. Its basic characteristic is that it is heavily regulated by the state. The public social security system is defined by the following elements: Financing by employer and employee contributions and, occasionally, by the contributions of the state under the general tax revenues and assigned revenues. Mandatory participation, with a few minor limitations. Rights of the insured person based solely on the security contributions paid without any type of conditions or tests, for example income test, attached to the ensured right. Contributions and rights are often tied to the income (salary) of the person insured. Different social transfers are financed by public social security funds and are paid to the claimants by centres for social work and institutes for employment. Both are operating at local level. The system is based on the principal of solidarity between active and not (or no longer) active citizens. The standing expenses for social security in 2007 were 15.5% GDP. Due to the ageing of population, the system is under pressure. Public health system In Slovenia, the public health network is compounded of public institutes (medical centres, hospitals) and private medical service providers with concession. Due to the increase in the number of private medical service providers with concession, a movement formed advocating for the preservation of the public health system and demanding an end to the privatisation of medical centres and hospitals. The principle defended by the Ministry of Health states that in Slovenia every patient can exercise his/her rights, derived from the health insurance, under the same conditions at a private medical service provider with concession or at a public health institution. The Ministry goes further by saying that a patient does not need to pay an additional sum or even pay for the same health services provided by private medical service providers with concession or public health institutions, as the health services are paid by the health insurance company, that is, supplementary health insurance. The public health system is based on the principal of solidarity. Expenses for public health services are paid by the Health Insurance Institute of Slovenia. Financial resources are allocated through a system of mandatory health insurance contributions. In 2007, the standing expenses for health were 5.9% of the GDP. Level of education years old who have completed secondary schooling : 15.35% years old who have completed highest level of secondary schooling : 42.31% Immigration rate 2007: 1.45% Growth rate 2007: 0.6% Employment rate Population between the ages of (total - male- female) 2007: 70.1% % - 34% Population between the ages of (total - male- female) 2007: 12.03% % % Unemployment rate male - female 2007: 3.6% - 5.8% 52 1 The percentages are based on the sum of the number of youth (aged 15-24), who have completed secondary vocational education (short term-3 years), secondary technical education and secondary general education. 2 The highest secondary education being secondary general education.

3 P A R T N E R C E N T R E Slovene Philantrophy Association for the Promotion of Voluntary Work [CONTACT] Slovenska filantropija Združenje za promocijo prostovoljstva Slovene Philanthropy Association for the Promotion of Voluntary Work Poljanska cesta Ljubljana - Slovenia tel fax info@filantropija.org Slovene Philanthropy is a non-governmental, not for profit, non-political organisation established in 1992 with the aim of developing and promoting different forms of humanitarian activities in Slovenia. The objective of Slovene Philanthropy is to encourage and spread volunteering and other charity work in the social field by developing programmes of voluntary work, especially the voluntary work of youth and elderly, by promoting volunteering through training and educating volunteers, organisers and mentors of voluntary work, raising public awareness of the importance of volunteers and developing the network of volunteer organisations throughout Slovenia. Its activities are not carried out only in Slovenia. A considerable part of its work takes place in countries affected by armed conflicts, in countries originating from former Yugoslavia and other countries in South East Europe. With its activities Slovene Philanthropy has been contributing to peace and stability. Special Units and Centres Under the umbrella of Slovene Philanthropy, three centres operate as program units, the Centre for Development and Promotion of Voluntary Work, the Centre for Psychosocial Help to Refugees and the Centre for the Promotion of Health. Centre for Development and Promotion of Voluntary Work Developing, encouraging and promoting voluntary work is the most important activity of Slovene Philanthropy, which is carried out through the following activities: Training and educating of volunteers, organisers and mentors of voluntary work. Developing a network of volunteer organisations (Slovene Network of Volunteer Organisations available at Establishing a data base about volunteer activities and voluntary organisations (available at Informing and counselling volunteers, organisers, mentors of voluntary work and interested individuals, organisations. Spreading ideas and values of philanthropy and solidarity through media. 53

4 s l o v e n i a Coordinating the Slovenian network of voluntary organisations. Organising humanitarian events and performances aimed at spreading and developing volunteering. Issuing publications about voluntary work and charity. Co-operation with international voluntary and humanitarian organisations. Developing programmes of voluntary work of the youth and the elderly (e.g. Fruits of Society, a project of intergenerational cooperation of youth and the elderly through voluntary work). the NGOs. Informing the public about the healthy way of life through media. Dispensary and consulting room for people with no health insurance. Slovene Philanthropy is one of the most important Slovene nongovernmental organisations in the field of promotion and development of voluntary work. 54 The Centre for Psychosocial Help to Refugees was established in 1994 for the purpose of conducting different programmes of psychosocial help to refugees from Bosnia and Herzegovina. As a result of the changed circumstances, it focuses more and more of its activities on asylum seekers in our country. The most important activities of the Centre are: Providing psychosocial help to refugees and asylum seekers. Educating various expert groups (teachers, medical workers, etc.) and volunteers about refugee problems and appropriate assistance to refugees. Publishing information, promotional and expert materials. Organising the meetings with international participation about refugee issues. Spreading Slovene models of psychosocial activities for the benefit of people affected by war internationally. Projects promoting the integration of refugees. The Centre for the Promotion of Health, which has been operating under the umbrella of Slovene Philanthropy since 1996, has as its primary objective the promotion of a healthy way of life. The goal is achieved by: Developing programs of health promotion in the community. Conducting projects of health promotion in co-operation with the World Health Organisation. Organising consultations of experts about health promotion. Publishing materials about public health activities in the frame of Fruits of Society Intergenerational Voluntary Cooperation The purpose of this project is to systematically unite the elderly living at home and the youth, through institutions that are familiar with the needs and abilities of both groups. The project was supported by the former president of the Republic of Slovenia Dr. Janez Drnovšek. Aims of the project The aim is to ensure additional help for the elderly by young people (for example, talking with the elderly, reading the newspaper to them, helping them with the shopping, fetching their medicines from the pharmacy, walking their dog...) and, at the same time, helping the young acquire new knowledge, helping them with their homework and other schoolwork. Another aim of the project is to tackle the stereotypes held by elderly on youth and stereotypes held by youth on the elderly. The aim is also to create a forum where ideas can be exchanged on how to deepen and extend intergenerational voluntary cooperation to other activities and how to carry out these activities (for example, environmental activities). As intergenerational voluntary cooperation is not a new idea in Slovenia and different organisations are already carrying out similar projects, the aim of this project is to connect all these projects, initiatives and activities in order to get exact data on the number of youth volunteers in Slovenia, the number of hours they dedicate to voluntary work, etc.

5 The activities of the project are: Promoting intergenerational voluntary cooperation between the elderly and youth. Youth visiting the elderly living at home helping them with minor housework and the elderly helping youth with schoolwork. Youth organising workshops for the elderly (computer skills) and the elderly organising workshops for the youth (knitting, old trades, crafts ). Organising and carrying out activities on local level involving clearing away all the garbage around schools, day care centres, playgrounds, parks. These activities take place during the Festival of Youth Service Day. Collecting data on the number of volunteers in schools, elderly associations; data on the number of hours dedicated to voluntary work, etc. Current outcomes achieved by the project The project started on August By December 2007, 70 elementary and secondary schools and 108 elderly associations joined the project. Some of the schools already formed a group of young volunteers that are visiting the elderly living at home and thus helping each other. The role of the associations of the elderly in the project is to provide schools with the names and addresses of the elderly that wish to be visited by young people. The project also gained great public and media support. Elements of good practice of the project The project is bridging a gap between the two most commonly talked about age groups that represent the future of western(ised) societies: the youth, as future decision makers, and the elderly, as an ever bigger percentage of the population. The project is easily transferable to other countries and regions since it encourages any kind of intergenerational voluntary cooperation. The idea of the project is simple: to unite youth and the elderly. Each local community, country or region must just identify institutions that can provide them with information on the elderly in need of help and institutions that can provide young people to deliver this help. If intergenerational voluntary cooperation is already widely spread in a local community, country or region, it offers an opportunity to collect the necessary data on the number of volunteers and the hours dedicated to voluntary work. 55

6 index - S l o v e n i a Glossary p Definitions Volunteer Volunteering activity Voluntary organisation Volunteer support centre 58 Historical overview 59 1 Background, evolution and distinctive traits 59 2 Roots: before The brief century: Where we stand: Volunteering now (interviews) 63 4 Rolls and registers 72 5 List of laws and regulations 72 Volunteers involving organisations 74 1 Organisational forms Volunteer involving organisations and their differences 74 2 Rules and functioning 75 3 Relationship with public sector Overview From our point of view (interviews and questionnaires) 77 Data overview Legal framework 64 1 Overview of laws and regulations Historical overview of the legal framework Norms supporting volunteering The Code of Ethics The Voluntary Work Act Proposal 69 2 Participation in public policy making 70 3 Fiscal policies 71 1 Research and statistics highlights 78 2 Economic and statistical indicators Types and range of not for profit organisations Financial resources Share of NGO revenues on the GDP Human resources Areas of activity Funding Growth trends 85

7 3 Of volunteers and organisations (interviews) Motivations and barriers Needs and challenges 86 Representation and coordination bodies 87 1 Slovenian Network of Volunteer Organisations 87 2 The Congress of Volunteering The Ethical Commission The Working Group for the Creation of Regulatory Framework of Volunteering 88 3 Networking (interviews and questionnaires) 88 Development policies 90 1 Civil society initiatives 90 2 On infrastructure for volunteering (interviews and questionnaires) 91 3 Strategic goals 91 4 European perspective (interviews) 92 List of persons interviewed 93 Bibliography 94 Support bodies 89 Internet resources - bibliography 95 Internet resources - institutional 96 1 Support measures (interviews) 89 2 Volunteer support centres 89 Country fact sheet sources 97 57

8 Glossary 1 Definitions 1.1 Volunteer 3 An individual carrying out voluntary work is a volunteer. 1.2 Volunteering activity 4 In Slovenia, the term voluntary work is used to describe a volunteering activity. Voluntary work is an activity carried out by an individual on the basis of her/his free choice, without any expectation of material gains and for the benefit of others or common public benefit. 1.3 Voluntary organisation 5 Volunteer involving organisations are legal bodies carrying out not for profit activities (defined as such by the law) and other organisations with the status of humanitarian organisation that gather and train volunteers for voluntary work for the benefit of their own organisations or for the benefit of other organisations. 1.4 Volunteer support centre Volunteer support centres do not exist in Slovenia. Volunteer involving organisations gather and train volunteers for their own volunteer involving projects and programmes. The Centre for Promotion and Development of Volunteering, operating under the umbrella of Slovene Philanthropy-Association for the Promotion of Voluntary Work, is the only organisation gathering and training volunteers for the benefit of other volunteer involving organisations. The Centre is in cooperation with other volunteer involving organisations and individuals carrying out a programme called Expansion and Development of Volunteering in Slovenia. To learn more about the programme, visit Voluntary Work Act Proposal, article 6, paragraph 2, 4 Ibid. article 6, paragraph Ibid. article 10, paragraph 1.

9 Historical overview 1 Background, evolution and distinctive traits The development and role of not for profit, volunteer involving organisations (NGOs) in Slovenian historiography is ill-researched and it does not offer any detailed studies. Only monographic studies about the establishment and operation of individual NGOs exist (Vrečko I., 2003, p.23). The Republic of Slovenia gained its independence for the first time on June Before this date, the population in present day Slovenian territory lived under the rule of different state formations. The historical overview of the third sector has to take into account its development under these state formations that exerted authority over the present day Slovenian territory. The development of the third sector in Slovenia after Second World War was foremost influenced by the establishment of the socialist system in society. It led to the decline of NGOs operations because the state s regulations prevented the development of the non-governmental sector (Divjak T., Šporar P., 2005, p.71). On the other hand, the decline of NGOs operations did not cause the decline of volunteering. As Jože Poglajen writes in the book Korak sčasom, Slovensko mladinsko prostovoljno delo (A Step in Time: Slovenian Youth Voluntary Work), the first youth working brigades emerged during the Second World War. After the war, the brigades grew into mass working actions for the reconstruction of the infrastructure damaged in the War (Poglajen J., 1998). During the decades of self-governing socialism, some organisations continued their work and some were newly founded. Some of these organisations were the Fire Service Societies, the Alpine Association of Slovenia, the Red Cross, Sports societies, the Slovenian Association of Friends of the Youth, the Slovenia Scout Association, etc. The Eighties were very vibrant years for civil society. Numerous new social (peace, ecological, human rights, spiritual, etc.) movements were being formed. (Divjak T., Šporar P., 2005, p.71). After the transformation of the social system and independence, new NGOs were formed, NGOs based on Christian values, human rights advocacy, freedom of speech and assembly, etc. The research The Size, Extent and Role of Private Not for Profit Sector in Slovenia showed that a significant share of NGOs currently operating in Slovenia (organisations of people with disabilities excluded) was established after the Second World War (Kolarič Z., 2006, p.14). In the past 15 years the non-governmental sector in Slovenia has grown intensively. Around 22,000 NGOs (societies, institutes and foundations) are currently registered. While the number has grown enormously, other indicators in use nowadays to measure the development of the non-governmental sector remained practically unchanged. 6 6 Centre for Information Service, Co-operation and Development of NGOs. 59

10 s l o v e n i a 2 Roots: before 1900 The development of NGOs in Slovenia dates far back into history 7 as different friendship alliances and associations in the 7 th and 8 th centuries already showed some of the characteristics of present day NGOs (Crnak-Meglič A., Vojnovič M., 1997). Historically, the commencement of such organisations dates back to the 14 th century when guilds (craftsmen brotherhoods), religious charity organisations and foundations were founded. In later periods, the Catholic Church played a significant role in the development of charitable and social activities. It was given an important social role by the different states formed in present day Slovenian territory. The role included helping the poor and other marginalised groups of population that had been abandoned by the cities or states. However, the Church did not limit itself only to charity but spread its activities to cultural, educational and health fields. Its diverse activities encompassed aiding the poor, protecting and caring for orphans and poor youth, taking care of youth in general, organising public and student kitchens, and maintaining hospitals, hospices and shelters, special institutions for the youth, the visually, hearing and physically challenged and others in need of help. The revolution in March 1848 was the most important historical milestone that contributed to more intensive formation of autonomous interest groups and self-organisation of people in societies and other forms of NGOs in Slovenia (Vrečko I., 2003, p.23). Standard constitutional rights were introduced and legal norms regulating the freedom of assembly (Vrečako I., 2003, p.23). The first legal acts regulating the field of interest groups were promulgated after The Societies Patent (issued by the Austro- Hungarian emperor) represents the first regulation of societies. The Right to Assemble into Societies and Political Societies Act of 1867 represents the first legal regulation in this filed. Since the Slovenian population was composed of peasants and workers and the ruling class was represented by foreigners, a special meaning is given to the movements of national awakening. The most important forms of assembly were reading clubs as meeting places of the higher strata and rallies as a form of mass assembly for people in open fields. An important role was also held by cooperatives or cooperative movements as a movement for the defence of Slovenian peasants, craftsmen and in the workers interests. The movement incorporated 1,700 cooperatives thus making it an exceptional mass form of professional self-organisation prior to Second World War. Several purpose cooperatives were developed. Support societies, voluntary sickness and pension funds and other funds by different social assistance organisations were formed among the workers. Especially peasant cooperatives were conducting not for profit activities. After 1891, the political parties and the workers movement contributed to the development of non-governmental organisations (Vrečko I., 2003, p.23). All political parties developed diverse structures of organisations and societies in different fields of everyday life and work (Vrečko I., 2003, p.23). Their aim was to influence the ideal, cultural, educational, sports, social and political activities of people and thus influence their political affirmation (Vrečko I., 2003, p.23). Sports and fire service societies, organised as a special form of aid in local communities, also held an important role (Vrečko I., 2003, p.24). In the countryside as well as in towns, drama, profane-cultural, singing, brass band, alpine, teachers and other societies were founded (Vrečko I., 2003, p.24). The meaning of these societies was in their ability to strengthen and consolidate national and class consciousness and raise the general level of the population (Vrečko I., 2003, p.24). 3 The brief century: The end of Second World War and the arrival of the socialist system lead to the decline of NGOs operation because the state s regulations prevented the development of the non-governmental sector (Divjak T., in Šporar P., 2005, p.71). The operation of such organisations 60 7 Scout Association of Slovenia,

11 presented a threat to the political authority and were thus organised in a very limited form at local level and for class purposes (fire fighters, alpine climbers, recreation groups, etc.) in the framework of youth, women and union socio-political organisations (Vrečko I., 2003, p.24). On the other hand, the decline of NGOs operation did not cause the demise of volunteering. As Jože Poglajen wrote in his aforementioned book, in June 1943, a competition for the best herbs and berries picker was organised and, in the following summer months, competitions for field and forest work, clearing debris and ruins, cleaning houses and building hideouts spread (Poglajen J., 1998, p.11). After the War, these competitions developed into general people s actions to repair the damage caused by the war. Alongside building new houses and commercial buildings, schools (and road and railway infrastructure, to some extent) were being reconstructed in an accelerated manner (Poglajen J., 1998, p.11). The beginnings of youth work brigades appeared during the Second World War. After the War these brigades grew into mass working actions for the reconstruction of war damaged infrastructure (Poglajen J., 1998). In 1951, pre-war Scouts founded the Slovenia Scout Association that is also based on volunteering 8. Voluntary fire service societies with 140 years of tradition on the Slovenian territory continued their work during the years of socialist self-governing. 9 During this period, the Red Cross also continued to spread its mission. Its origins can be traced back to the year 1863 when the Austro-Hungarian Empire joined the 16 founders of the Red Cross. 10 The following organisations also started and continued their work during the socialist self-governing system: Alpine Association of Slovenia (founded in ), Slovenian Association of Friends of the Youth (founded in ), sports societies. The activities of the Church were forbidden or limited to religious matters (Vrečko I., 2003, p.24). Charity and other organisations conducting their activities in the framework of the Church were nationalised and incorporated into the public sector (Vrečko I., 2003, p.24). Charity and humanitarian organisations performing their activities out of the framework of the Church before the World War were not formally forbidden although only one humanitarian organisation was directly supported by the state, the Red Cross. The Slovenian Association of Friends of the Youth conducting programmes for children and families at municipality level was also supported (Vrečko I., 2003, p.24). The embryos of the first autonomous private not for profit volunteer involving organisations are represented by the organisations of people with disabilities (Vrečko I., 2003, p.24). They encompassed the direct beneficiaries, supporting members, and those in the community voluntarily joining these organisations on the basis of their wish to provide assistance (Vrečko I., 2003, p.24). One of the characteristics of these organisations was mass membership and low active participation (Vrečko I., 2003, p.25). The number of societies in Slovenia during this period decreased and was lower than the number of societies during the period between the wars (Vrečko I., 2003, p.24). For comparison, in 1938 there were 8,211 societies in the territory of present day Slovenia (Vrečko I., 2003, p.23). The year 1974 represented an important milestone as the new Societies Act brought the beginnings of the establishment of NGOs. However, these newly founded organisations remained small and low in numbers of members as the state support was not stimulating. At the same time, the development of self-help groups, groups for mutual aid and alternative groups in the fields where services were not provided by the state occurred (Divjak T., Šporar P., 2005, p.71). In the second half of the Seventies, the number of societies as well as the number of scientific and professional societies grew quickly in urban environments above all (Vrečko I., 2003, p.25). 8 Scout Association of Slovenia, 9 Fire Service Association of Slovenia, 10 Red Cross, 11 Alpine Association of Slovenia, 12 Slovenian Association of Friends of Youth, 61

12 the number of NGOs increased immensely other indicators, measuring the development of the non-governmental sector, remained practically the same. 13 On 17 October 2002, the Government founded, with a special decree, the Commission of the Government of the Republic of Slovenia for Non-Governmental Organisations with the task of formulating the Strategy of the Government of the Republic of Slovenia for Cooperation with Non-governmental Organisations 14 and the Agreement on Cooperation of the Government of the Republic of Slovenia with Non-Governmental Organisations. The Strategy was formulated in A year before, in 2003, the interested NGOs formulated the Strategy of Regulatory Framework for the Development of Non-Governmental Organisations for the period In 2005, a Permanent Inter-service Working Group for the Coordination of Open Questions in the Field of Cooperation of the Government of the Republic of Slovenia and Non-governmental Organisations 16 was established with the purpose, among others, of coordinating the implementation of the Governmental Strategy of the Republic of Slovenia for Cooperation with Non-Governmental Organisations. Despite all the difficulties, the NGOs in Slovenia carry out quality projects and programmes also with the help of volunteers. In 2004, Slovene Philanthropy, in cooperation with the Society for the Development of Preventive and Voluntary Work and other interested organisations in the field of volunteering, commenced with the implementation of the programme Expansion and Development of Volunteering in Slovenia. The purpose of the programme is to professionalise the activity of linking good-willed people prepared to provide assistance, with organisations and individuals in need of volunteers assistance. The programme is formulated as a series of five different but mutuals l o v e n i a In the Eighties, numerous new social (peace, ecological, human rights, spiritual, etc.) movements emerged. Some of the most active campaigners in these movements later on passed over to the political sphere and some others remained in the non-governmental field. The period after the independence of Slovenia brought about continuity in the development and strengthening of NGOs (Divjak T., Šporar P., 2005, p.71). In 1980, the number of societies approximated the number before the Second World War, with 8,446 registered societies (Vrečko I., 2003, p.25). In that period, volunteers commenced to participate in the programmes of public institutions especially in the field of social assistance (Vrečko I., 2003, p.25). This brought to public institutions a new work quality, more significant scope of activities and more flexibility to meet the needs of their beneficiaries (Vrečko I., 2003, 2005). After 1989, the charities of the Catholic Church or church organisations were renewed (Vrečko I., 2003, p.26). During the prohibition years, some church orders illegally conducted various activities, such as child protection, providing assistance to the sick, elderly, disabled persons, etc. (Vrečko I., 2003, p.26). In 1990, Slovenian Karitas was founded and a new type of private not for profit organisations: foundations conducting activities raising and distributing financial resources (Vrečko I., 2003, p.25). 4 Where we stand: The non-governmental sector in Slovenia has been intensely growing in the last fifteen years. Around 22,000 NGOs (societies, institutions and foundations) are already registered. However, the growth in numbers has not been followed by their development. As Centre for Information Service, Co-operation and Development of NGOs, 14 The Ministry of Public Administration of the Republic of Slovenia, Governmental Strategy of the Republic of Slovenia for Cooperation with Non-Governmental Organisations, 2005, 15 Ibid. 16 More about the Group at

13 ly complementing activities in the field of volunteering promotion. 17 In 2006, the code of Ethics for Organized Volunteering was adopted. It represents basic recommendations for quality work in the field of volunteering 18 and is the first general document regulating voluntary work as a whole. A Voluntary Work Act Proposal is also being drafted Volunteering now (interviews) Volunteering is still gaining its importance in Slovenia, said one of the people interviewed for this research. He added that the history of volunteering in Slovenia is very long and rich, although in recent years Slovenia lost the power of non-formal networks. However, during the same years, formal types of networks have emerged, which have increased the value, quality and quantity of formal, organised volunteering. On the other hand, the same person points out that different forms of volunteering have still not been developed, such as corporative volunteering, family volunteering, e-volunteering. These forms have been recently making their way to Slovenia. It has been also pointed out that a lot of people want to volunteer, but do not want to bind themselves for longer periods of time. More and more volunteers present themselves, their experiences and personal growth that can be gained through volunteering. The deduction is that volunteer involving organisations in Slovenia are not well prepared for such motivations for volunteering. Another interviewee said that the biggest challenge for all NGOs and volunteers is the current economic situation and how NGOs and volunteers can contribute to mitigating the social issues arising from this situation with decreased funds for reimbursement of travel and other costs for volunteers. A further interviewee added that a better relationship between economy, public sector and volunteer involving organisation is needed. She also thinks that volunteering in Slovenia is connected to humanitarianism and therefore most of the volunteers work on humanitarian programmes and projects. 17 Prostovoljstvo.org, 18 Prostovoljstvo.org, 19 More about the Voluntary Work Act Proposal in the chapter on the Legal Framework. 63

14 Legal framework 1 Overview of laws and regulations The operation of NGOs is connected to three fundamental human rights or freedoms: 20 Right of assembly (Article 42 of the Constitution of Republic of Slovenia 21 ). Freedom of speech (Article 39 of the Constitution of the Republic of Slovenia). Right to private property (Article 33 of the Constitution of Republic of Slovenia). All these rights and freedoms are written under the Human Rights and Fundamental Freedoms chapter of the Constitution of the Republic of Slovenia. Statutory legislation 22 Fundamental regulations regulating the operation of NGOs are: Code of Obligations (Official Gazette of the Republic of Slovenia, no. 97/2007-UPB1): Two or more persons undertake to attain, by signing a social contract, a law abiding purpose with their own contributions as stipulated in the contract. Societies Act (Official Gazette of the Republic of Slovenia, no. 61/2006 dated 13 June 2006): A society is a private law person and a voluntary, independent, not for profit organisation of natural persons that assemble on the grounds of commonly defined interests, defined in a constituent instrument in accordance with the law. Foundations Act (Official Gazette of the Republic of Slovenia, no. 70/2005-UPB1): A foundation is a community of assets (universitas bonorum) bound by a certain purpose. A foundation s purpose has to be beneficial in general and as a general rule permanent. The assets can be consisted of currency, movable assets, real estate, rights out of which proceeds arise from, etc. Institutes Act (Official Gazette of the Republic of Slovenia, no. 127/2006-ZJZP): The act stipulates that institutes are organisations established to carry out activities of education and schooling, science and culture, sports, health care and service, social assistance, childcare, protection of persons with disabilities, social insurance, or other activities save the activities with the aim of profit making A more detailed analysis of juridical framework in Divjak T., Šporar P., (ed.), Constitution of the Republic of Slovenia, Official Gazette of the Republic of Slovenia, no /91-i. 22 Statutory legislation is taken from the Strategy of Systemic Development of NGOs in Slovenija for the period (Strategije sistemskega razvoja nevladnih organizacij v Sloveniji za obodbje ),

15 Other legislation: Some NGO s rights are partially defined in a myriad of other acts, such as, Social Assistance Act, Environmental Protection Act, Nature Conservation Act, Waters Act, Slovenian Red Cross Act and others. Several regulations are also being drafted: over 100 acts and implementing regulations that will affect NGO sector (Disabled Persons Organisations Act, Public Interest in the Cultural Field Act, etc.). Tax legislation 23 The activities of NGOs are also crucially influenced by legal regulations regulating tax and financial liabilities of NGOs. In the last few years we have been witnessing an unsuccessful trend of attempts by NGOs to modify the tax legislation in order to achieve a more stimulating environment for donations and sponsorships. The most important regulations are: Special Tax on Individual Earnings Act (Official Gazette of the Republic of Slovenia, no. 72/1993, 22/1994, 45/1995, 12/1996). The basis for assessment and tax payment is every individual payment to a natural person for service rendered on the basis of job contract in accordance with the Employment Relationships Act or with the Code of Obligations (Article 3). Every reimbursement of costs arising from rendered services to an individual person is also deemed to be part of the gross payment. According to the article 3 of the Act, remunerations and reimbursement of expenses are not subject to tax in the case of persons that by personal free will or by invitation participate in volunteer involving, amateurish, humanitarian research activities, research activities performed by disabled persons, educational, health, cultural, sports research activities and in the activities of societies and their associations, provided that the annual amount of remuneration does not exceed 150,000 tolars (approx. 625 Euros) and that remunerations and reimbursements occurring during rendering of services do not exceed the amount set by the governmental regulation. Personal Income Tax Act (Official Gazette of the Republic of Slovenia, no. 117/2006, 90/2007, 10/2008, 78/2008) exacerbates the terms and conditions of imposition of tax on incomes so that under the Article 100 (second indent) only the following payments are exempted from taxation: reimbursement of documented costs of transportation, overnight stay and daily allowances, paid to a natural person that by personal free will or by invitation participates in volunteer involving, amateurish, humanitarian research activities, research activities performed by disabled persons, educational, health, cultural, sports, research, union, chamber, religious groups and political parties activities. Furthermore 0.5% of a personal income can be devoted to funding generally beneficiary purposes by taxable persons (Article 142): it is a new funding resource for volunteer involving organisations able to be listed on the beneficiary list. Donations are an important part of volunteer involving organisations funding in order for volunteer involving organisation to carry out its activities. Article 66 of the Personal Income Tax Act stipulates that providers of funds are entitled to a tax relief in the amount of 0.3% to be deducted from the tax basis of taxable undertakings receipt in the current year. Value Added Tax Act (Official Gazette of the Republic of Slovenia, no. 117/2006) stipulates that under certain circumstances and regardless of the article 42 organisations (taxable persons) mostly managed by volunteers, that are not by themselves or by other persons directly or indirectly the beneficiaries of the organisation s activities, are exempted from VAT taxation for the supply of goods and services (Article 43). National programmes 24 National Social Assistance Programme. National Sports Programme in the Republic of Slovenia. National Environmental Action Programme. Strategy for Consumer Protection. 23 Tax legislation is summarised according to Vrbica S., Summarised by Divjak T., Šporar P., (ed.), 2005, op.cit. 65

16 The legislation in force in individual fields already regulates voluntary work and establishes certain rights. Although presenting only partial and uneven guidelines, when regulating voluntary work in a comprehensive manner the legislation in force has to be taken into consideration. The legislation in force is as follows: Social Assistance Act (Official Gazette of the Republic of Slovenia, no.3/2007-upb2). The general provisions of the Act incorporate voluntary work in the field of social assistance and bind the state to ensure, develop, support and promote the development of self-help, charity, forms of independent living of the disabled and other forms of voluntary work in the field of social assistance. Disabled Persons Organisations Act (Official Gazette of the Republic of Slovenia, no.108/2002, 61/2006-Zdru-1) mentions voluntary work in an important aspect as disabled persons organisations among other activities also train volunteers for the work with the disabled (Article 10, sixth indent). One of the terms that enable an organisation to obtain the status of disabled persons organisation is the definition of volunteer training in their statute. Humanitarian Organisations Act (Official Gazette of the Republic of Slovenia, no.98/2003, 61/2006-Zdru-1) stipulates volunteering as one of the terms to obtain the status of humanitarian organisation. Article 18 stipulates that the amount of volunteering is complied with when the organisation s activities are in whole or predominantly cars l o v e n i a National Programme of Protection against Natural and other Disasters. National Research Programme. Campaign against Poverty and Social Exclusion Programme (Government of the Republic of Slovenia). The Foundations Act, adopted in 1995 and amended in The Institutes Act, adopted in 1991 and amended several times. The most important change to positively influence voluntary organisation is the adoption of the Voluntary Work Act Proposal scheduled in Historical overview of the legal framework The first legal acts regulating the field of interest groups were issued after The Societies Patent (issued by the Austro-Hungarian emperor) represents the first regulation of societies. The Right to Assemble into Societies and Political Societies Act of 1867 represents the first legal regulation in this filed (Divjak T., Šporar P., 2005, p.71). As said above, the end of Second World War and the advent of a socialist system lead to the decline of NGOs activities because the state s regulations prevented the development of the non-governmental sector (Divjak T., Šporar P., 2005, p.71). The year 1974 represented an important milestone as the new Societies Act brought the beginnings of establishment of NGOs. However, these newly founded organisations remained small and low in numbers of members as the state support was not motivating. At the same time, there was the development of self-help groups, groups for mutual aid and alternative groups in fields where services were not provided by the state (Divjak T., Šporar P., 2005, p.71). After independence on 25 June 1991, Slovenian legislative bodies adopted several acts that have (in)directly influenced the NGO sector and therefore also voluntary organisations. Here is the list of the most important acts adopted over the past 10 years: Disabled Persons Organisations Act, adopted in Humanitarian organisations act, adopted in The new Societies Act, adopted in Norms supporting volunteering More on Voluntary Work Act Proposal at 26 Vrbica S., 2008.

17 ried out by volunteers, who carry out their work on the base of free will and without remuneration for their services. Reimbursement of material costs to volunteers is not considered to be remuneration for services rendered. It is considered that an organisation carries out its activities with volunteers if most of those who hold the activities are volunteers. Slovenian Red Cross Act (Official Gazette of the Republic of Slovenia, no.7/1993) stipulates that Slovenian Red Cross is part of the Red Cross and the Red Crescent international movement, where volunteering is one of the seven fundamental principles (Article 2). As most of voluntary work is organised and carried out in societies the Societies Act (Official Gazette of the Republic of Slovenia, no. 61/2006 dated 13 June 2006) is also important for voluntary work. Unfortunately, it does not contain any provisions for the promotion and facilitation of activities in volunteer involving organisations. Employment Relationships Act (Official Gazette of the Republic of Slovenia, no.42/2002, 103/2007) does not refer to voluntary work except in article 124 where it is stipulated that voluntary internship is possible only if it is regulated by a special law. Prevention of Illegal Work and Employment Act (Official Gazette of the Republic of Slovenia, no.12/2007-upb1) exempts humanitarian, voluntary and charity work from illegal work (Article 7). Protection against Natural and Other Disasters Act (Official Gazette of the Republic of Slovenia, no.51/2006-upb1) stipulates that every citizen is obliged to help when natural or other disasters occur. It also makes provisions for men aged between 18 and 63 and women aged between 18 and 55 to participate in the Civil Protection as volunteers (Articles 10 and 17). It also lays down the possibility of volunteering in Civil Protection for men and women aged at least 15, mothers and single parents with a child under 15, men and women whose duty of mandatory service has ceased (Article 18). Fire Service Act (Official Gazette of the Republic of Slovenia, no.113/2005-upb1) stipulates that fire services can be carried out by trained volunteers. They can be organised into volunteer involving units (Article 21). A fire service society is a humanitarian organisation, in which citizens participate and carry out fire service tasks, protection against fire activities and other activities important for the development of fire service (Article 20). Road Traffic Safety Act (Official Gazette of the Republic of Slovenia, no.56/2008-upb5) enables schools, organised groups of parents, organisations for road traffic safety and other institutions to organise and carry out activities for children safety in road traffic (Article 91). Cultural Heritage Protection Act (Official Gazette of the Republic of Slovenia, no.16/2008) specifically defines volunteers in public service (Article 102). Volunteers with adequate education or qualification can volunteer for public service assistance activities. Aliens Act (Official Gazette of the Republic of Slovenia, no. 71/2008-UPB5) is important for foreigners wishing to volunteer in Slovenia in the framework of international volunteer exchange, as it enables foreigners to obtain temporary permission to reside, if they plan to stay in Slovenia for more than 90 days (Article 30). Employment and Work of Aliens Act (Official gazette of the Republic of Slovenia, no.76/2007-upb2) does not mention volunteers, although it is of importance for the work of foreign volunteers in Slovenia. Article 3 stipulates that the Act does not apply, among others, to foreigners carrying out not for profit work in the framework of organised youth camps, and carrying out other temporary forms of cooperation among youth at the international level organised by authorised organisations, schools, institutions, ministries or local communities. The Act does not apply to foreigners conducting ecclesiastical profession in the framework of established religious communities and to foreigners organising or conducting charity and humanitarian activity in the framework of registered organisations and religious communities. Political Parties Act (Official Gazette of the Republic of Slovenia, no.100/2005-upb1, 103/2007) mentions voluntary work when defining assets of political parties. The Act considers membership fees, voluntary contributions by natural persons and voluntary work to be parties assets (Article 34). War Graves Act (Official Gazette of the Republic of Slovenia, no.65/2003) stipulates that funds for financing war graves can be provided by contributions of local societies and other organisations, 67

18 s l o v e n i a 68 providers of funds and other resources. Contributions can also be provided in kind or by voluntary work. Military Service Act (Official Gazette of the Republic of Slovenia, no.108/2002-upb1) stipulates that voluntary (based on one s free will) military service is enabled as from 30 June 2004 mandatory military service was abolished (Article 62). Education and Schooling Financing Act (Official Gazette of the Republic of Slovenia, no.16/2007-upb5, 101/2007) in its education programme makes provisions for voluntary work among other optional activities (Article 12). The list of optional activities is available at the National Education Institute s web site: (go to Učenci, dijaki, starši then go to Katalog obveznih izbirnih vsebin). Pension and Disability Insurance Act (Official Gazette of the Republic of Slovenia, no.109/2006-upb4) in article 4 defines the rights ensued from pension and disability insurance. According to the Act the following persons, among others, are also insured: Persons participating in organised campaigns, rescue operations or protection and rescue in natural or other disasters. Persons participating in youth camps in the Republic of Slovenia when conducting activities in youth camps. Persons conducting military service or alternative civil service, civil protection service, surveillance and intelligence service, general rescue service or signal units service and training for defence and protection. Persons conducting public or other social function or civil duty upon invitation of the state or other authorised bodies. Sportspersons or chess players, coaches or organisers participating in sports or chess actions in the framework of organised sports or chess activities. Members of operational structures of volunteer involving fire service organisations conducting tasks of fire fighting, protection and rescue in other disasters, training, control of fire risk areas, public events security, tasks related to public demonstrations of training and instructions on fire safety. Members of mountain rescue service or divers conducting tasks of rescue, averting or prevention of danger directly endangering lives and assets, or members of mountain rescue service or divers training in an organized environment for the above mentioned tasks. Article 17 of the Health Care and Health Insurance Act (Official Gazette of the Republic of Slovenia, no. 72/2006-UPB3, 91/2007, 71/2008, 76/2008) stipulates that persons conducting practical training after completion of education regardless of the fact that they may or may not be rewarded for such training (indent three), and volunteers (indent eight) are insured for occupational injuries and occupational diseases. The following persons are also insured for occupational injuries (article 18): Persons participating in organised campaigns, rescue operations or protection and rescue in natural or other disasters. Persons participating in youth camps in the Republic of Slovenia. Persons conducting military service or alternative civil service, civil protection service, surveillance and intelligence service, general rescue service or signal units service and training for defence and protection. Sportspersons or chess players, coaches or organisers participating in sports or chess actions in the framework of organised sports or chess activities. Members of operational structures of volunteer involving fire service organisations conducting tasks of fire fighting, protection and rescue in other disasters, training, control of fire risk areas, public events security, tasks related to public demonstrations of training and instructions on fire safety. Members of mountain rescue service, diver or cave rescue service or rescue dog handler units conducting tasks of protection, rescue, averting or prevention of danger directly endangering lives and assets. Resolution on the National Programme for Culture (Official Gazette of the Republic of Slovenia, no.35/2008) promotes volunteering in museums. Resolution on the National Social Assistance Programme (Official Gazette of the Republic of Slovenia, no.39/2006) defines promotion and development of volunteering as one of the fundamental strategies. Resolution on the National Programme on Drugs