Bulgaria: Discrimination against Roma; state protection (2003 - March 2005)

General Discrimination

Several sources consulted reported that discrimination against Roma was a widespread phenomenon in Bulgaria (ERRC 15 Dec. 2003; IHF Mar. 2004; Country Reports 2004 28 Feb. 2005, Sec. 5; IWPR 20 Aug. 2004; Council fo Europe 27 Jan. 2004) in the areas of education, employment, access to health care, and access to public services (ibid.; EU 6 Oct. 2004).

On the occasion of the commencement of the "Decade of Roma Inclusion" in February 2005, leaders from eight Eastern European countries met in Sofia to discuss strategies for improving living conditions for Europe's Roma (IHT 2 Feb. 2005; RFE/RL 13 Feb. 2005; ibid. 2 Feb. 2005). However, in its 2004 Regular Report on Bulgaria's Progress Towards Accession, the Commission of the European Communities (CEC) indicated that legislation dealing with inequalities in education, health care, and housing was lacking or inadequate and that funds to implement some programs, such as school desegregation, were insufficient or non-existent (EU 6 Oct. 2004; see also IHF Mar. 2004).

Country Reports 2004 stated that "local officials discouraged rural Roma from claiming land to which they were entitled under the law disbanding agricultural collectivities" (28 Feb. 2005, Sec. 5).

Roma Rights Quarterly indicated that, following an April 2004 incident in which an ambulance had failed to arrive promptly at a Romani neighbourhood in Novi Pazar to rescue an ill toddler, several Roma residents informed the ERRC that ambulance operators did not service their community (ERRC 29 July 2004a).

Education

The de facto segregation of Romani students persists in Bulgaria (EU 6 Oct. 2004; Country Reports 2004 28 Feb. 2005, Sec. 5). According to the European Roma Rights Center (ERRC), Romani students in Sofia were subjected to educational segregation and discrimination because of their ethnicity; the center claimed that Roma students are "forced to attend poor-quality, all-Roma schools in Romani settlements in Sofia" (ERRC 20 May 2003). Sources indicated that 29 Romani students had sued their school, the municipality of Sofia, and the Ministry of Education for violating Bulgarian and international laws relating to equal opportunities for all races (ibid.; RFE/RL 22 May 2003).

Housing

The European Union indicated that universal legislation to legalize Romani housing had yet to be passed in Bulgaria (6 Oct. 2004). Romani residents of Burgas cited two reasons for the demolishment of 25 makeshift Roma dwellings on the city's outskirts: "[t]he pressure of the Bulgarian residents of Meden Rudnik and the plans of the municipality to build a supermarket at the place of the Romani ghetto" (ERRC 29 July 2004b). Sources indicated that inhabitants of some Roma neighbourhoods were subjected to "collective punishment" when electric companies cut off electricity after some members of the community had not paid their electric bills (IHF Mar. 2004). For further details on the outcome of a court ruling on collective punishment of Roma, please see the section on the Judiciary below.

Politics

While local Romani political participation has increased since local elections in October 2003, Roma Rights reported that this participation has also caused heightened anti-Romani sentiment, as demonstrated by an election campaign in the town of Samokov during which fliers were distributed to discourage the electorate from voting for the mayor because he "loved Roma" and if elected, he would turn Samokov into a "Gypsy town" (ERRC 9 Feb. 2004c).

Society

A study conducted by Gallup found that Bulgarian Roma had a "tendency towards self-isolation" brought on by discrimination at the hands of the country's majority (AFP 18 Sept. 2003). According to the European Commission Against Racism and Intolerance (ECRI), "Roma are subjected to a large amount of racism and intolerance on the part of the majority population, fuelled by stereotypes and prejudices against them" (Council of Europe 27 Jan. 2004). Country Reports 2004 cited the complaints of various non-governmental organizations that the number of anti-Roma assaults had risen in Sofia in 2004 (28 Feb. 2005, Sec. 5).

Following the death of a young Romani man in May 2004, the European Roma Rights Center reported on an allegation that a family doctor had stated to the boy's parents, after they had come to see him to request the medical file, "'[i]t is not a big thing – one Gypsy less' (n.d.a)." The Bulgarian Helsinki Committee (BHC) represented the parents, who subsequently filed a lawsuit against the hospital in question (ERRC n.d.a), but a ruling in this case could not be found among the sources consulted by the Research Directorate.

The Institute for War and Peace Reporting (IWPR) cited some highlights from online Bulgarian media in which Roma were accused of being robbers, and in one publication had their humanity questioned (20 Aug. 2004).

Sources reported that in August 2004, a prominent Bulgarian politician (AP 3 Sept. 2004), who was also the president of a Bulgarian trade union, the Podkrepa Labour Confederation, made several public statements in which he called for the creation of a militia to protect Bulgarian society from Roma robbers (IWPR 20 Aug. 2004), who he claimed "systematically commit robberies in villages, engage in pick pocketing in cities, are engaged in prostitution and do not pay for the goods they consume" (ERRC 17 Dec. 2004a). Several Bulgarian human rights organizations reportedly denounced the union leader's comments, and filed a suit against him (ibid.; AP 3 Sept. 2004; IWPR 20 Aug. 2004), although the outcome of this complaint could not be found among the sources consulted. The Institute for War and Peace Reporting (IWPR) quoted a spokesperson from the Bulgarian Helsinki Committee as saying "[w]hat is really worrying is that the protesting voices were so few, with the majority of the people supporting [the union leader's] allegations" (20 Aug. 2004).

Legislation

According to the European Union, "comprehensive anti-discrimination legislation" came into effect in Bulgaria in January 2004 and, by July 2004, a Bulgarian court had used this legislation as a basis for its decision to compensate a Romani victim of discrimination (6 Oct. 2004).

The 16 September 2003 legislation approved by the Bulgarian parliament was considered "a comprehensive anti-discrimination law" (ERRC 9 Feb. 2004a; ibid. 18 Sept. 2003; RFE/RL 19 Sept. 2003). The publication Roma Rights indicated that the law, which prohibits discrimination on the grounds of race, gender, religion, disability, age, and sexual orientation, "provides that in prima facie cases of discrimination, the respondent has the burden of proving that discrimination did not occur" (ERRC 9 Feb. 2004a). An action plan approved by the government of Bulgaria in 2003 included programs to educate law enforcement officers in applying anti-discrimination legislation, as well as helping schools fight discriminatory practices (ibid. 9 Feb. 2004b).

Judiciary

In 2004, the European Roma Rights Center (ERRC) reported on several instances of the state's reaction to discrimination against Roma, including the following five examples:

One case was resolved on 26 February 2004, when, according to the ERRC, the European Court of Human Rights ruled against the State of Bulgaria over the deaths of two Romani men (26 Feb. 2004). The Court found that the state had not conducted a proper investigation into their deaths and had violated articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning the right to life, as well as the right to non-discrimination (ERRC 26 Feb. 2004).

Secondly, in December 2004, Roma Rights Quarterly published the results of several cases involving discrimination against Roma that had taken place in 2004 in Bulgaria, which the ERRC and other NGOs claimed were "five landmark judgements from Bulgarian courts" (ibid. 17 Dec. 2004b; see also ibid. 30 Sept. 2004). While turning down the plaintiff's request for compensation, the Sofia District Court ruled that a Romani man had been subjected to indirect discrimination by the Bulgarian Electric Company (BEC) when the company refused to supply him electricity over a period of five years (ibid.; ibid. 17 Dec. 2004b). However, in a similar case, the Sofia District Court ruled that a state-owned electric company had discriminated against six Roma; the court ordered the company to relocate electrical meters to more accessible heights (they were originally placed too high), as well as to pay compensation to the plaintiffs (ibid.; ibid. 30 Sept. 2004).

In another case involving an electric company, the Sofia Electric Company was found guilty of indirect discrimination against Roma in the Fakulteta neighbourhood of Sofia, by subjecting them to collective punishment (30 Roma households with no outstanding debts were denied power, along with consumers who had failed to pay their electric bills) (ibid.; ibid. 17 Dec. 2004b).

A fourth case highlighted in Roma Rights Quarterly involved a Romani man who had been refused a job interview because of his ethnicity; the man was awarded compensation and the company was found guilty of discrimination and ordered to end its discriminatory hiring policy (ibid.; ibid. 30 Sept. 2004). Finally, the Sofia District Court found that a clothing shop in Sofia had discriminated against a Romani woman when employees refused to serve her and verbally abused her using derogatory epithets about her Romani origin (ibid.; ibid. 17 Dec. 2004b). According to Roma Rights Quarterly, this ruling was the first one based on Bulgaria's new anti-discrimination law (ibid.; ibid. 30 Sept. 2004).

Police Protection

Several sources reported that Roma had been mistreated by Bulgarian police officers (AI 2004; Freedom House 2004; ERRC 15 Dec. 2003) and by prison staff (Council of Europe 27 Jan. 2004). Country Reports 2004 indicated that in March 2004 a police officer shot and killed a young Romani man during a routine traffic check after the latter refused to cooperate and attempted to run away (28 Feb. 2005, Sec. 5). Two officers were temporarily suspended by the Ministry of the Interior, but the results of an investigation into this incident were still pending at the end of 2004 (Country Reports 2004 28 Feb. 2005, Sec. 5). Similarly, the ERRC reported the March 2004 killing of a young Romani man by police when the man tried to flee from the police who were attempting to verify his identification (n.d.b). The ERRC also mentioned that the two officers involved were temporarily suspended while the investigation into the killing was still ongoing (n.d.b).

In another confrontation, a Romani man was reportedly threatened and physically assaulted by two police officers who were searching for a suspect (Country Reports 2004 28 Feb. 2005, Sec. 5; AI 2004). Forensic medical evidence reportedly supported the plaintiff's claim of ill-treatment (ibid.; Country Reports 2004 28 Feb. 2005, Sec. 5).

Country Reports 2004 further stated that cases of police abuse against Roma were rarely resolved (ibid.). The European Commission Against Racism and Intolerance (ECRI) stated that as of 27 June 2003, Bulgaria had still not established an "independent body to investigate ill-treatment or acts of discrimination committed by members of the police force" (Council fo Europe 27 Jan. 2004).

In its report entitled Discrimination against Roma, Amnesty International (AI) noted several incidents of assaults against Roma in Sofia in the first half of 2004

(1 Feb. 2005). AI claimed that a case involving a Romani man who was severely beaten and had his ear cut off had not been sufficiently investigated by Bulgarian police, and that according to local human rights groups, better policing is necessary in Romani neighbourhoods to prevent attacks from skinheads (1 Feb. 2005). AI also reported on a police raid in a Sofia neighbourhood during which officers were alleged to have "indiscriminately arrested and verbally abused 17 men" while entering three unoccupied homes, where they broke windows and furniture (1 Feb. 2005). Police have reportedly begun an investigation into these latter two incidents (AI 1 Feb. 2005). Further information corroborating these reports by AI could not be found by the Research Directorate.

Non-Governmental Organizations (NGOs)

In August 2004, a lawsuit filed by the European Roma Rights Center (ERRC) against two restaurants in Blagoevgrad for refusing to serve Roma clients marked the first time that a non-governmental organization (NGO) was able to bring a case to Bulgarian courts on its own, under the new provisions of Bulgaria's anti-discrimination law (ERRC 11 Aug. 2004).

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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 18 September 2003. "Gypsies and Other Minorities Isolated in Bulgarian Military." (Dialog)

Amnesty International (AI). 1 February 2005. Europe: Discrimination Against Roma. (EUR 01/001/2005) [Accessed 24 Feb. 2005]
_____. 2004. "Bulgaria." Amnesty International Report 2004. [Accessed 24 Feb. 2005]

Associated Press (AP). 3 September 2004. Nevyana Hadjiyska. "Gypsies Are Focus of Heated Controversy Over Crime in Bulgaria." (Dialog)

Council of Europe. 27 January 2004. European Commission Against Racism and Intolerance (ECRI). [CRI(2004)2] Third Report on Bulgaria: Adopted on June 27, 2003. [Accessed 24 Feb. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. United States Department of State. Washington, DC. [Accessed 2 Mar. 2005]

European Union. 6 October 2004. Commission of the European Communities. 2004 Regular Report on Bulgaria's Progress Towards Accession. [SEC(2004)1199] [Accessed 24 Feb. 2005]

European Roma Rights Center (ERRC) [Budapest]. 17 December 2004a. "Anti-Romani Hate Speech by Bulgarian Trade Union Leader." [Accessed 1 Mar. 2005]
_____. 17 December 2004b. "Bulgarian Courts Find Discrimination Against Roma." [Accessed 1 Mar. 2005]
_____. 30 September 2004. "First Five Roma Rights Victories Under New Bulgarian Equality Law." [Accessed 3 Mar. 2005]
_____. 11 August 2004. "ERRC Lawsuits in Bulgarian Restaurant Discrimination Cases." [Accessed 3 Mar. 2005]
_____. 29 July 2004a. Roma Rights Quarterly. "Ambulance Refuses to Enter Romani Neighbourhood in Bulgaria." [Accessed 1 Mar. 2005]
_____. 29 July 2004b. Roma Rights Quarterly. "Eviction of Roma in Bulgaria." [Accessed 1 Mar. 2005]
_____. 26 February 2004. "The European Roma Rights Center Welcomes a Landmark Decision...." [Accessed 3 Mar. 2005]
_____. 9 February 2004a. Roma Rights. No. 4. "Bulgaria Adopts Comprehensive Anti-Discrimination Legislation." [Accessed 1 Mar. 2005]
_____. 9 February 2004b. Roma Rights. No. 4. "Bulgarian Government Approves First-Ever Action Plan on Roma." [Accessed 1 Mar. 2005]
_____. 9 February 2004c. Roma Rights. No. 4. "Increased Romani Participation Fuels Anti-Romani Racism in Bulgarian Local Elections." [Accessed 1 Mar. 2005]
_____. 15 December 2003. "Roma Denied Fair Trial and Subjected to Disproportionate Enforcement of Controversial Legislation in Bulgaria. [Accessed 16 Dec. 2003]
_____. 18 September 2003. "ERRC Welcomes Bulgarian Anti-Discrimination Law – Bulgaria Adopts Comprehensive Anti-Discrimination Law." [Accessed 3 Mar. 2005]
_____. 20 May 2003. "ERRC School Desegregation Lawsuit in Bulgaria." [Accessee 20 May 2003]
_____. n.d.a. "Bulgarian Doctor Comments 'One Gypsy Less' at the Death of a Romani Youth After Suspected Negligent Treatment." [Accessed 3 Mar. 2005]
_____. n.d.b. "Bulgarian Police Fatally Shoot a Romani Man." [Accessed 3 Mar. 2005]

Freedom House. 2004. "Bulgaria." Freedom in the World 2004. [Accessed 24 Feb. 2005]

Institute for War and Peace Reporting (IWPR). 20 August 2004. Balkan Crisis Report 512. Albena Shkodrova. "Anti-Roma Vigilante Demand Shames Bulgaria." [Accessed 24 Feb. 2005]

International Helsinki Federation (IHF). March 2004. "Bulgaria." [Accessed 24 Feb. 2005]

International Herald Tribune (IHT) [Neuilly-sur-Seine, France]. 2 February 2005. Nicholas Wood. "Bulgaria Tries to Help Roma Children Advance – East Europe Takes Up Issue of Inclusion." (Dialog)

Radio Free Europe/Radio Liberty (RFE/RL). 13 February 2005. Ulrich Buechsenschuetz. "Analysis: Major Effort to End Romany Exclusion Launched in Sofia." [Accessed 24 Feb. 2005]
_____. 2 February 2005. Don Hill. "Eastern Europe: 'Decade of Roma Inclusion' Starts in Sofia." [Accessed 3 Mar. 2005]
_____. 19 September 2003. Vol. 7, No. 179. "Roma Rights Center Lauds Bulgarian Antidiscrimination Law." [Accessed 3 Mar. 2005]
_____. 22 May 2003. Vol. 7, No. 96. "Romany Children to Sue Bulgaria for Inadequate Education." ([email protected])

Additional Sources Consulted

The Bulgaria Helsinki Committee (BHC) [Sofia], the European Roma Rights Center [Budapest], the Human Rights Project (HRP) [Sofia], and the Romani Baht Foundation [Sofia] did not respond to requests for information within time constraints.

Internet sites, including: European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), Sofia Echo, World News Connection (WNC).