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Na Organizacijo za varnost in sodelovanje v Evropi – Urad za demokratične institucije in človekove pravice (OSCE/ ODIHR) smo naslovili spodnji poziv:

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Unconstitutional Government Interference in the Leadership of the Union of Slovene Diplomats – Request for an Intervention Letter to Prime Minister Mr Miro Cerar

Peter Golob
za:
office@odihr.pl
24.01.2017 16:46

Kp:
Lamberto.Zannier, Thomas.Rymer, PublicAffairs, pm@osce.org, anti.korupcija, Anja Kopač-Mrak, bojan.dobovsek, Boris.Koprivnikar, Lidija.Apohal, Borut Pahor, bozena.pem, branimir.strukelj, COMM-REP-LJU, commissioner@coe.int, Dejan Židan, dr. Miro Cerar, Dusan.Semolic, ess, alenka.bratusek, eva.irgl, franc.trcek, Goran Klemenčič, gp.ijs, gp.irsd, info@transparency.si, jaka.pergam, janko.veber, jozef.horvat, katja.jerman, Matej.Tasner-Vatovec, matej.tonin, matjaz.han, milan.brglez, mitja.horvat, peticije@dz-rs.si, sloaud, Stanislav Sikošek, varuh, vid.doria, violeta.tomic, Vlasta Nussdorfer

Peter Golob
Milana Majcna 49a
1000 Ljubljana

Ljubljana, January 24th, 2017

OSCE Office for Democratic Institutions and Human Rights
Ul. Miodowa 10, 00-251 Warsaw, Poland

Dear H. E. Mr Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights,

I am writing to you as an elected member of the Executive Committee of the Union of Slovene Diplomats (Sindikat slovenskih diplomatov – SSD) and as an appointed union’s representative at the Ministry of Foreign Affairs of the Republic of Slovenia (MFA). At OSCE conference in Warsaw on September 19th, 2016 you reminded the participants that “OSCE participating States declared that the human dimension commitments are matters of direct and legitimate concern to all” and emphasised “the importance of reviewing real-life implementation of human rights commitments” and “the implementation gaps in relation to those commitments” (http://www.osce.org/cio/265156).

Therefore I would like to bring to your attention the inconceivable and illegal interference in the leadership of our union committed by the members of our current Government of the Republic of Slovenia under the leadership of Prime Minister Mr Miro Cerar, PhD. Prime Minister Mr Miro Cerar deliberately tolerates ministerial misconduct of his Minister of Foreign Affairs Mr Karl Erjavec and his Minister for Environment and Spatial Planning Mrs Irena Majcen, both members of the same ruling party DeSUS, who illegally interfered in the leadership of our union by transferring me from the MFA to the Ministry for Environment and Spatial Planning, thus depriving our union and me of our constitutional rights. Both ministers also persistently defy the judgment of the Labour Court and the final judgment of the Administrative Court. The Labour Court issued a court ruling on June 23rd, 2016 explicitly stating my above mentioned transfer to another ministry was illegal and ordered my reintegration to the MFA within eight days. The Administrative Court issued a final court ruling on October 10th, 2016 stating the changing of my diplomatic status to the status of a public official was null and void, which – according to Art. 74/4 of the Civil Servants Act – should automatically trigger the act of annulment of my transfer. Unfortunately, the Government refuses to comply with Art. 74/4 of the Civil Servants Act.

Minister of Foreign Affairs Mr Karl Erjavec has been denying our constitutional rights for over 20 months, despite the explicit judgment of the Labour Court that my transfer to the Ministry of the Environment and Spatial Planning was illegal and an act of retaliation for exercising my constitutional right of promoting the legitimate interests of the members of our union and disclosing the irregularities and misconduct of minister Mr Erjavec and his team. I have to point out that even before the two above mentioned judgments were issued, the Advocate of the Principle of equality, which is a government institution (http://www.zagovornik.gov.si/en/about-us/index.html), issued a document from November 11th, 2015 in which he found elements of my victimisation and discrimination and warned this kind of retaliation could harm the independent function of our union. This issue was also several times raised in the parliament by the opposition parties, both from the left and from the right of the political spectrum.

Despite being a renowned constitutional lawyer and a university professor of law, our Prime Minister Mr Miro Cerar, PhD, has been consciously tolerating the misconduct of his above mentioned ministers, thus breaching i. a. Art. 76 of the Constitution of Republic of Slovenia (stipulating the Freedom of Trade Unions), Art. 3 of the ILO Convention Nr. 87 (stipulating the right of worker’s organisations “to elect their representatives in full freedom”), Art. 11 of the European Convention on Human Rights (stipulating the freedom of assembly and association) and Art. 9 of the Council of Europe Civil Law Convention on Corruption (stipulating that “each Party shall provide in its internal law for appropriate protection against any unjustified sanction for employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities”). He has been also deliberately ignoring all the three above mentioned official acts of government and judicial institutions (see them below in the attachment).

At OSCE conference in Warsaw on September 30th, 2016 you also emphasised that “the important role of civil society in assisting governments in promoting human dimension commitments, as well as in drawing attention to where action is needed, has been explicitly recognised by all OSCE participating States,” whereas H. E. Mr. Lamberto Zannier, OSCE Secretary General, pointed out that “in this challenging environment, the promotion of human rights, democratic institutions and the rule of law remains central to our mission to work towards peace and stability” (http://www.osce.org/odihr/270466). Since our union and me already lost over 20 months of my electoral mandate and we still remain deprived of the freedom of assembly and association, I urge you, director Mr Michael Georg Link, to write an open letter to our Prime Minister Mr Miro Cerar and call upon him to stop the interference in the leadership of our union thus complying with Art. 76 of the Constitution of Republic of Slovenia, with the above mentioned international conventions and with the findings of the three above mentioned state bodies. Full respect for human rights and a genuine social dialogue is only possible if the Government of the Republic of Slovenia refrains from breaching the above mentioned conventions and interfering in the leadership of its social partner, i.e. the Union of Slovene Diplomats. You could also remind our Prime Minister Mr Miro Cerar that the Committee of Ministers of the Council of Europe adopted the Recommendation CM/Rec (2014)7, from April 30th, 2014, stating i. a.: “Whistleblowers should be protected against retaliation of any form, whether directly or indirectly, by their employer and by persons working for or acting on behalf of the employer. Forms of such retaliation might include dismissal, suspension, demotion, loss of promotion opportunities, punitive transfers and reductions in or deductions of wages, harassment or other punitive or discriminatory treatment.” (source: https://www.coe.int/t/dghl/standardsetting/cdcj/CDCJ%20Recommendations/CMRec(2014)7E.pdf).

For any further clarification, please, feel free to contact our president Mr Stanislav Sikošek (stanislav.sikosek@gov.si) or me (peter.golob@gov.si). I would also be grateful if you could ensure that all OSCE member states receive a copy of this letter.

Yours sincerely,

Peter Golob, univ. dipl. iur.
Member of the Executive Committee of the Union of Slovene Diplomats and
Union’s Representative at the MFA

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Od OSCE/ ODIHR smo prejeli odgovor, da opisano situacijo jemljejo na znanje, vendar ne morejo posredovati v konkretnih primerih (za primerjavo: v primeru nedavne novele Zakona o tujcih in z njo povezanih domnevnih bodočih kršitev človekovih pravic migrantov tovrstnih pomislekov v ODIHR niso imeli). Bodo pa menda spremljali situacijo v zvezi z zgoraj omenjenimi človekovimi pravicami svobode združevanja, tako v regiji, kot tudi v Sloveniji.

Odgovor OSCE/ ODIHR je objavljen tukaj: odgovor-odihr

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