A/HRC/40/64/Add.1 include clear mechanisms for implementation. This last point was made to the Special Rapporteur with regard to legislation and other measures addressing the rights of the Hungarian, Italian and Roma minorities. 47. Implementation of or full compliance with the rights of these communities are not always assured comprehensively or in a timely fashion, as was pointed out by the Office of the Ombudsman in its annual report for 2016, which also noted the much lower number of electronic forms in Hungarian and Italian as compared to Slovenian, despite legislation requiring that electronic forms for submitting applications online must all be available also in Hungarian and Italian. Services and information in areas such as health care or education were not always provided for in Hungarian or Italian. The Special Rapporteur was informed that qualifications of teachers to teach in Hungarian or Italian had been strengthened through specific training. According to representatives of these minorities, there was room for improvement, especially in requiring fluency in these minority languages for employment and measuring the level of fluency of prospective teachers and other officials. In addition, while measures had been recently taken to strengthen bilingualism in selfgoverning areas, they were not sufficiently focused on improving bilingualism in the local administration. Since the Hungarian and Italian minorities have a right to services from the local administration in their own languages, measures more directly addressing these services and activities could be considered. Representatives also referred to delays associated with the use of minority languages in accessing information or obtaining services, which discouraged individuals from insisting on their linguistic rights. Some pointed out clearly that one of the main issues that should be addressed was that the current legislative regime was simply not implemented properly; for example, some government officials were hired even though they did not comply with any requirement for bilingualism. In a school in Lendava visited by the Special Rapporteur, even the description of bilingual education was much weaker than often claimed, since at the secondary level the ratio of those teaching in Slovenian and Hungarian was 80:20, not even remotely close to the 50:50 legally required. E. Hate speech and incitement to violence 48. Disaggregated data on the targets of hate speech or incitement to violence are unfortunately not readily available to help in the identification of those most at risk and vulnerable, although anecdotal and partial data leave little doubt that minorities have been and continue to be particularly victimized. Most of those met by the Special Rapporteur reported that the surge in hate speech witnessed during the influx of migrants through Slovenia in 2015 had subsided, but that it might also reflect a generalized discontent with the current lack of effective mechanisms to tackle hate speech and incitement to violence. While article 297 of the Penal Code addresses hate speech, its provisions have traditionally been interpreted in a narrow, restrictive way; consequently, in practice, very few cases have led to prosecution and conviction, as confirmed by everyone the Special Rapporteur met during the mission and despite the fairly clear indications of widespread problems in this regard. In 2015, Spletno oko (“Web eye”), an Internet hotline coordinated by the Faculty of Social Sciences of the University of Ljubljana for reporting hate speech and other illegal activities, in cooperation with police, Internet service providers, and other governmental and non-governmental organizations received 1,153 complaints, even only 51 of them were considered likely to reach the threshold prescribed by article 297 and actually transmitted to the police for possible prosecution. 49. Overall, the current wording of article 297, and consequently its current interpretation, has helped to create an environment of impunity and discouragement; those who engage in hate speech and incitement to violence against minorities are unlikely to be prosecuted and can therefore act with little concern of any punishment or consequences, while victims feel there is simply no point in complaining if they believe no one will be prosecuted or punished. Most potential victims probably belong to minorities. 11

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