Bulgaria: Current status of implementation for the Framework Convention on the Protection of National Minorities and the 1999 Framework Programme for the Integration of Roma in Bulgarian Society; information on commissions pursuant to the Framework Convention to investigate complaints against police; resources available for Roma to complain to or seek assistance should police refuse to act on claims of assault

The Bulgarian Helsinki Committee noted in 1999 that the "Constitution of Bulgaria does not use the term 'national minority' ... [but, instead] uses 'citizens whose mother tongue is not Bulgarian'" (Sept. 1999). With respect to Roma, the Open Society Institute (OSI) noted

... those provisions of domestic legislation designed to combat discrimination and/or promote minority rights are not adequately enforced. Thus, despite consitutional and certain legislative prohibitions against discrimination, there exists widespread discrimination against Bulgarian Roma ... (7 Sept. 2001, 77).

Bulgaria ratified the Framework Convention for the Protection of National Minorities (FCNM) in February 1999 and forthwith declared that it adhered to

the values of the Council of Europe and the desire for the integration of Bulgaria into the European Structures, committed to the policy of protection of human rights and tolerance to persons belonging to minorities, and their full integration into Bulgarian society ... (BHC Sept. 1999).

A 2002 report issued by the Office of the Commissioner for Human Rights (OCHR) of the Council of Europe stated:

Bulgaria has unquestionably implemented in-depth reforms to guarantee respect for and full enjoyment of human rights. However, ... an additional effort is necessary [such that, among other things] ... [m]inorities must be afforded greater protection, in particular the Roma/Gypsy community (Council of Europe 10 Apr. 2002, 2)

From a purely legal standpoint, Bulgaria has signed and ratified a significant number of international instruments on protection of minority rights, but, when it comes to appling these at [a] national level, a genuine government strategy is lacking (ibid., 4).

Since ratification of the FCNM, and according to the OSI sponsored Monitoring the EU Accession Process: Minority Protection report for 2001,

[t]he general framework for minority rights protection and the prevention of discrimination against minorities in Bulgaria is inadequate. Overall, Bulgarian minority groups are offered minimal protection of their cultural, religious and linguistic identity, and state recognition of the very existence of minority groups is uncertain. In some respects, Bulgarian legislation concerning minority rights protection does not fulfil Bulgaria's commitments under international law (OSI 7 Sept. 2001, 77)

... the government failed to submit its initial report to the Secretary General of the Council of Europe on legislative and other measures taken to give effect to the principles set out in the FCNM by 1 September 2000 (ibid., 104).

As of yet, there are no legal provisions for the establishment of bodies promoting equal treatment and monitoring of discrimination based on ethnicity ... (ibid., 112).

In its most recent assessment, the Commission of the European Communities noted in its 2001 Regular Report on Bulgaria's Progress Towards Accession that

Bulgaria continues to respect human rights and freedoms. ... Bulgaria has ratified most human rights conventions. In November 2000, [it] ratified Protocol No. 4 and Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Bulgaria has ratified the Revised European Social Charter and undertaken to be bound by the Additional Protocol providing for a system of collective complaints (13 Nov. 2001, 20).

As reported in previous years, the Roma continue to suffer from social discrimination due to accumulation over time of factors that have worsened their living conditions. Many Roma live in very poor conditions in illegally built housing. According to a survey approximately 70% of houses in Roma neighbourhoods are built illegally, which means there is very limited access, and no right to public services. Very few municipalities have acted on the call in the Framework Programme to legalise such homes. Unemployment is very high, with estimates reaching 60-75% of working age Roma. The political commitment from the government to remedy their problems needs to be matched by more effort into translating this into concrete action (ibid. 23).

While the OSI reports that "[p]rogress in improving the situation of the Roma community has been limited" (ibid.), Bulgaria is recognized as taking some measures required under the Framework Convention. Some of these include:

The Government took measures to facilitate the issuing of new identification documents to ethnic minorities. ... The National Health Insurance Fund targeted minorities with a special campaign and added the names of the people not registered to local doctors' lists of patients.

... Despite their formal status as regular schools, schools in Roma areas remain in practice segregated schools which offer low quality education. ... Whilst Roma tutors and teachers have been appointed in bilingual schools, further steps are needed to ensure the access of Roma children to the education system. It is a positive step that the process of desegregation of Roma schools has started, with some NGO projects testing different methodologies. But still it has to become Government policy, and the methodology and the approach have to be broadly discussed and accepted by the Roma community (ibid.).

There are some projects in municipalities. Sofia and Plovdiv, for example, have started projects for Roma to build homes and generate employment. ... Sofia Municipal Council has also adopted a medium-term programme for the development of the Roma community in Sofia, which should be completed by 2005 (ibid., 23).

The Framework Programme for the Equal Integration of Roma in Bulgarian Society "is a comprehensive document that envisions a broad range of measures to address discrimination, segregation in education, housing, employment and culture" (OSI 7 Sept. 2001, 78n4). The OSI described it as a document that

explicitly acknowledged the [problem of ethnic discrimination] and proclaimed the elimination of discrimination "the central political priority of the Bulgarian state." However, the Legislative Council of the [Bulgarian] Ministry of Justice ... denied the need for an official body to enforce anti-discrimination legislation (ibid., 82).

The OCHR reported that according to its discussions with members of the Roma community,

everyone agreed that what was lacking was a "legal framework", "a real project", "a true strategy", "genuine will", "consultation. ... "

The truth of the matter is that, although the framework programme is the result of a formal agreement with the government and answers the expectations of both the Roma/Gypsy community and the authorities, it has so far come to nothing. The authorities, including the Deputy Prime Minister, Ms Lydia Shouleva, have pleaded a lack of resources and of support from donor countries and international organisations. I nonetheless think that what is really lacking is the political will, and this was confirmed by the members of the Committee on Human Rights of the National Assembly. Parliament should begin by passing laws on combating racial discrimination, on equal opportunities and on the Ombudsman institution, so as to create a situation conducive to the implementation of this framework programme (Council of Europe 10 Apr. 2002, 7).

The European Union noted further that:

As concerns the Framework Programme for Roma Integration adopted in 1999, very little progress has been made on implementation. No progress has been made in the last year in strengthening the capacity of the National Council on Ethnic and Demographic Issues (NCEDI) to implement the programme. However, the programme to appoint Roma as experts in the administration referred to last year continued (13 Nov. 2001, 23).

The OSI reported that the "government has neither adopted concrete implementation measures [for the Framework Programme], nor invested the coordinating body, the National Council for Demographic and Ethnic Issues, with competency to require that measures be adopted" (7 Sept. 2001, 78). According to this source, "[o]fficial ambivalence towards the existence of discrimination against Roma ... undercuts legislative and policy initiatives to address it; absent of the requisite political will, even strong legislation is unlikely to be effectively implemented" (ibid., 82). These issues were recognized in recent Human Rights Watch reports, which noted that the Bulgarian Parliament "failed to adopt legislation of any kind to prevent discrimination against Roma" (2001) and that the state "continued to lack a comprehensive antidiscrimination law" (ibid., 2002).

For recent information concerning the legal options and opportunities available for Bulgarian citizens in cases of alleged police maltreatment or abuse, please see BGR39490 of 25 June 2002. In addition, the Bulgarian News Agency, BTA, reported that the Bulgarian Parliament passed legislation providing for an elected ombudsman (5 June 2002). This office was described as "consider[ing] complaints against bodies and persons implementing public authority or function, who or which invade the rights of natural or juristic persons or of informal organizations" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Bulgarian Helsinki Committee (BHC). September 1999. Report Submitted Pursuant to Article 25 Paragraph 1 of the Framework Convention for the Protection of National Minorities: Bulgaria. [Accessed 9 July 2002]

Bulgarian News Agency (BTA) [Sofia, Internet version in English]. 5 June 2002. "Bulgaria: National Assembly to Elect Ombudsman for Five-Year Term." (FBIS-EEU-2002-0605 5 June 2002/WNC)

Council of Europe. Office of the Commissioner for Human Rights. 10 April 2002. Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, On His Visit To Bulgaria 17-20 December 2001. [Accessed 9 July 2002]

European Union. Commission of the European Communities. 13 November 2001. 2001 Regular Report on Bulgaria's Progress Towards Accession. [Accessed 6 July 2002]

Human Rights Watch (HRW). 2002. Human Rights Watch World Report 2002: Bulgaria. [Accessed 9 July 2002]

_____. 2001. Human Rights Watch World Report 2001: Bulgaria. [Accessed 9 July 2002]

Open Society Institute (OSI). 7 September 2001. Monitoring the EU Accession Process: Minority Protection. "Minority Protection in Bulgaria." [Accessed 6 July 2002]

Additional Sources Consulted

IRB Databases

Internet sites including:

Amnesty International

Balkan Human Rights Web

European Country of Origin Information Network

European Roma Rights Centre

Greek Helsinki Committee

International Helsinki Federation for Human Rights

MINELRES Bulgaria

World News Connection