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TITLE: BULGARIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BULGARIA
Bulgaria is a parliamentary republic ruled by a democratically
elected government. President Zhelyu Zhelev, former chairman
of the Union of Democratic Forces (UDF), was elected in January
1992 to a 5-year term in the country's first direct
presidential elections. After a UDF government fell in October
1992, and the UDF and Bulgarian Socialist Party (BSP) each
failed to form a government, the Movement for Rights and
Freedoms (MRF), mainly representing the ethnic Turkish
minority, nominated centrist economist Lyuben Berov as its
candidate for Prime Minister. Lacking a stable parliamentary
majority during 1993, Berov was forced to depend on the BSP,
heir to the Bulgarian Communist party structure, for much of
his support.
The UDF, formerly the largest parliamentary bloc, was weakened
by internal divisions in 1993. A UDF-supported hunger strike
by a Member of Parliament (M.P.), aimed at bringing down the
Berov Government and forcing the President to resign, ended
when President Zhelev gave provisional support to the idea of
earlier-than-required parliamentary elections in 1994. The BSP
adopted a policy designed to reduce further the President's
already circumscribed powers and to reassert itself as the
strongest force in the three branches of government.
Most security services are the responsibility of the Ministry
of the Interior, which controls the police, National Security
Service (civilian counterintelligence), internal security
troops, border guards, and special forces. The President
oversees the National Intelligence Service (foreign
intelligence). There were few accusations of illegal
wiretapping in 1993, compared to previous years. Some
allegations that police used excessive force, particularly
against Gypsies, were substantiated by domestic and
international human rights groups. Human rights groups made
credible assertions that a police bill passed in December gives
police forces excessively broad powers of search and entry
without first obtaining a warrant.
The transition to a market economy continued, albeit slowly and
against political and social resistance. Restitution of shops
and houses that were confiscated by the communists in the
1940's has put capital into the hands of many ordinary
Bulgarians, helping fuel rapidly growing consumer goods and
service sectors. However, privatization of state-owned
industry moved slowly, as did the breakup of state-organized
collective farms. Bilateral agreements with members of the
European Free Trade Association entered into force, and a
bilateral investment treaty with the United States concluded in
1992 was expected to enter into force in 1994. Bulgaria
reached preliminary agreement with its private creditors to
restructure $10 billion of defaulted commercial debt, but had
not concluded a standby agreement with the International
Monetary Fund by year's end.
Bulgaria's human rights performance continued to be generally
good in 1993. Freedom of press, assembly, religion, speech,
association, and travel were respected, with some significant
exceptions. Although the Government made some efforts to
address the specific difficulties of minority groups and to
investigate alleged human rights violations, xenophobia,
nationalism, and antiethnic expression increased noticeably
among the population at large. Gypsies (Roma) continued to be
the target of police beatings and other excessive force; the
Government investigated only a few such incidents.
Constitutional provisions against ethnically based political
parties continued to pose a potential threat to the legality of
the MRF and to prevent the participation of parties
representing Gypsy interests. Western missionaries and some
Bulgarian religious groups reported harassment.
The Government dismissed several key figures in the state-owned
media for so-called antigovernment activity. Parliament passed
an anti-Communist "lustration" bill (see Section 1.a.), upheld
by the Constitutional Court, which resulted in a significant
number of dismissals in the scientific and academic
communities. Parliament also annulled census results in two
towns in the southwest, on the questionable basis that citizens
there had beeen pressured into declaring themselves ethnic
Turkish. Overall, little progress was made toward passing
legislation needed to implement the rights enshrined in the
Constitution or toward establishing a clear judicial basis for
addressing human rights complaints.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed reports of political or extrajudicial
killing in 1993. Three prisoners who killed a guard while
escaping were recaptured and reportedly beaten to death. The
Government and a human rights nongovernmental organization
(NGO) are investigating the incident. One policeman was
convicted of wrongful death in the shooting of an ethnic
Turkish individual who lived in the Gypsy community, although
his conviction was overturned by a higher court.
One Bulgarian human rights group alleged that the 1992 death of
MRF deputy Svilen Kapsuzov in an automobile accident was a case
of political murder. No direct evidence of murder emerged
during the trial, although circumstantial evidence lent some
credence to the charge. The driver of the car which struck
Kapsuzov's car, reportedly a former state security agent, was
convicted of involuntary manslaughter. A parliamentary
commission charged with investigating the case neither
confirmed nor dismissed the allegations.
Many observers expressed concern about the fatal shootings by
police of two Iranians suspected of being involved with a drug
ring and of being responsible for the earlier death of two
policemen. The shootings, and the Ministry of Interior's
handling of the brief investigation which followed, led some
observers to question whether the intent of the police was to
apprehend the suspects or to seek revenge for the deaths of
their fellow officers.
b. Disappearance
There were no reported instances of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution expressly prohibits torture, cruel, inhuman,
or degrading treatment, forcible assimilation, and subjection
to medical, scientific, or other experimentation without
consent.
A number of credible reports described police beatings of
Gypsies during arrest and mistreatment during incarceration.
In one particularly egregious case, police arrested on
suspicion of attempted theft a 33-year-old male Gypsy and
brutally beat him during interrogation. Doctors later told
local human rights representatives that his injuries--several
broken ribs on both sides of his chest--most probably resulted
from kicks. Doctors later surgically removed part of the
victim's lung and kidney. The Government is conducting an
investigation. In another case, a 14-year-old Gypsy was
severely beaten upon arrest; the local prosecutor's office
declined to initiate an investigation. To date, no police have
been convicted and punished for brutality against minorities.
In April in the town of Novi Pazar, a force of more than 50
police arrived at approximately 4 a.m. without a written search
warrant and forcibly entered a number of homes in search of
suspected criminals. Police were dressed in plainclothes or
camouflage uniforms, and some wore masks. According to
witnesses, the police failed to identify themselves. Witnesses
reported that police indiscriminately beat men, women, and
children of the Gypsy community. Fifty arrests were made. The
Government initiated no investigation of the incident. By the
end of the year, all but six of the detainees had been charged
with minor crimes and released on bail or on their own
recognizance.
A Ministry of Interior investigation into a similar case in
Pazarjik in 1992 was concluded in 1993. The Ministry announced
it had found no evidence of serious transgressions but declined
requests to release the report for examination by independent
observers.
Conditions in some prisons are substandard, although they do
not appear to threaten life or health, and overcrowding
problems eased in 1993. Prisoners' complaints received media
coverage and in some cases resulted in improved treatment. The
Government cooperated with requests by NGO's to monitor prison
conditions.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for access to legal counsel from the
time of detention. Judicial authorities must rule on the
legality of a detention within 24 hours. Defendants have the
right to visits by family members, to examine evidence, and to
know the charges against them. Charges may not be made public
without the permission of the chief prosecutor. Pretrial
detention is limited to 2 months under normal circumstances,
although this may be extended to 6 months at the discretion of
the chief prosecutor, who may also restart the process.
Approximately 30 percent of Bulgaria's 8,000 prison inmates are
in pretrial detention (see Section 1.c.). In the event of a
conviction, time spent in pretrial detention is credited toward
the sentence. The Constitution provides for bail, and some
detainees have been released under this provision, although
bail is not widely used.
Neither internal nor external exile is used as a form of
punishment.
e. Denial of Fair Public Trial
Under the Constitution, the judiciary is granted independent
and coequal status with the legislature and executive branch.
The court system consists of regional courts, district courts,
the Supreme Court, and the Constitutional Court. A Supreme
Court of Cassation, provided for in the Constitution, has not
yet been established. The Constitution stipulates that all
court hearings shall be public unless the proceedings involve
state security or state secrets. There were no reported
complaints about limited access to courtroom proceedings.
Defendants have the right to know the charges against them and
are given ample time to prepare a defense. They are considered
innocent until proven guilty and are guaranteed the right of
appeal which is widely used. Defendants in criminal
proceedings have the right to confront witnesses and to have an
attorney, provided by the State, if necessary, in serious cases.
The Constitutional Court rules on matters of constitutionality.
The Supreme Court serves as a court of appeal for cases not
directly constitutional in nature. Military courts handle
cases involving military personnel and some cases involving
national security matters. The Constitutional Court does not
have specific jurisdiction in matters of military justice.
Most observers agreed that the judiciary, while generally
independent, struggled with continuing problems in 1993.
Judicial salaries were relatively low, and many positions
remained unfilled, creating a heavy backlog of cases and
sparking complaints that pretrial detention was excessively
lengthy. Partly as a legacy of communism, and partly because
of the court system's structural and personnel problems, the
public at large has little confidence in the judicial system.
Many credible legal experts from Parliament, as well as voices
on the Constitutional Court, condemned attempts, spearheaded by
the BSP in late October, to amend the current law on the
judiciary while a reform judiciary law was already in its
second reading. These experts noted that the amendments would
establish intrusive legislative branch control over the tenure
of judges in office. They noted further that the proposed
amendments' qualifications for service as Chief Prosecutor or
as a member of the High Judicial Council, the judiciary's
policymaking body, required such a long term of prior legal
service that only jurists and judges who had served during the
era of former Communist dictator Todor Zhivkov would be
eligible. Observers objected as well to the irregular way in
which the BSP and its supporters voted the amendments out of
committee in the absence of a quorum for the vote. The
amendments passed a first reading the early November. They may
be subsumed under the reform judiciary law.
A number of criminal cases against former Communist leaders
were carried forward in 1993. Some observers characterized
these indictments as part of the democratization process, while
others viewed the trials as politically motivated. Todor
Zhivkov appealed his 1992 conviction for abuse of power
involving personal expense accounts and state privileges. In
August he was indicted on a charge of embezzlement for giving
grant aid to Communist regimes in other countries; 10 other
former leaders, including former Prime Minister Andrei Lukanov,
were also indicted in the "Moscow case." Some human rights
observers criticized these indictments, asserting the
activities in question were political and economic decisions,
not criminal acts. The Chief Prosecutor responded that the
transfer of funds had been carried out without parliamentary
approval and was thus illegal. In another case, former Prime
Minister Georgi Atanasov and former Minister of Economy and
Planning Stoyan Ovcharov were convicted of embezzlement of
state funds and sentenced to 10 and 9 years in prison,
respectively. The Supreme Court upheld these convictions, and
both men went to prison.
The first indictments relating to the forced assimilation and
expulsion of ethnic Turks in 1984-85 and 1989 were handed down,
and a trial began for five defendants who were members of the
security services. The Chief Prosecutor asked Parliament to
strip BSP MP Dimitur Velev of his immunity in this case, but
Parliament declined. Former dictator Zhivkov, former Prime
Minister Atanasov, and former Interior Minister Dimitur
Stoyanov were indicted and are scheduled to go on trial in
February 1994. Another criminal trial was launched in
connection with the notorious prison camps set up by the
Communists after they came to power in 1944. The defense
claimed that the statute of limitations had expired and two of
the five original defendants have died, but proceedings in a
regional court continued against the remaining three. Finally,
two former Communist party leaders were convicted of failing to
inform the public of health dangers related to the Chernobyl
nuclear reactor accident and received short prison terms.
The Constitutional Court upheld the controversial 1992
lustration act, the Law for Additional Requirements toward
Scientific Organizations and the Higher Certifying Commission,
or "Panev law". Under this law, former secretaries and members
of Communist party committees are barred from positions as
academic council members, university department heads, deans,
rectors, and chief editors of science magazines. Several
hundred people reportedly lost positions under this law. Some
of these acknowledged past Communist associations, while others
were dismissed for refusing to sign a declaration saying they
had had no such associations. The Panev law applies a
presumption of collective guilt that is clearly in conflict
with international human rights standards.
The Penal Procedural Code gives prosecutors the right to remove
appointed and elected officials with little satisfactory
recourse. A local prosecutor removed the mayor of Satovcha
from office on charges he had falsified documents and abused
his administrative powers by intimidating Pomaks (Muslims of
Slavic ancestry) into changing their names from Slavic to
Turkish versions. The charge of intimidation was later
dropped, and the mayor appealed his suspension to the court.
The appeal was unsuccessful, and in November he was formally
indicted.
Human rights groups complain that local prosecutors and
magistrates sometimes fail to pursue vigorously crimes
committed against minorities. Bulgaria has no political
prisoners, although it appears that political motives lie
behind some indictments of former Communist leaders.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution stipulates inviolability of the home, protects
the freedom and confidentiality of correspondence, and provides
for the right to choose one's place of work and residence. A
bill regulating police activities was passed and went into
effect in December. Several human rights groups made credible
charges that the new law, which allows police under some
circumstances to enter homes without first obtaining a warrant,
was unconstitutional because it provided excessively broad
powers of search and entry. Compared to previous years, there
were few charges of illegal monitoring of correspondence or
telephone conversations during 1993.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution prohibits censorship of the press and mass
media. The variety of newspapers published by political
parties and other organizations represented the full spectrum
of political opinion. Foreign newspapers circulated without
hindrance, and Turkish-language newspapers appeared regularly.
A Gypsy-language paper stopped publishing for financial
reasons. One exception to freedom of the press was the
confiscation of newspapers published by the illegal ethnic
Macedonian group UMO-Ilinden (see Section 2.b.). Some
self-censorship exists among journalists who must conform to
what are often heavily politicized editorial views. In other
cases, large financial groups that hold interests in several
nominally independent newspapers intervened directly to control
editorial content.
A new Penal Code article makes it a crime to publish
information about the activities of internal security police.
Although not invoked during 1993, the article represents a
potential stifling of press freedom.
Television remains a state monopoly under parliamentary
supervision. Two channels broadcast in Bulgarian, while a
third broadcasts Russian programming. Foreign government radio
programs such as British Broadcasting Corporation and Voice of
America had unrestricted access to commercial Bulgarian radio
frequencies. Television and radio news programs present
opposition views but are generally seen as being biased in
favor of the Government. There are no formal restrictions on
programming. Some political groups complained that coverage
was one-sided, although they acknowledged that their
representatives were interviewed regularly. Opinion polls rate
television as the most credible news source. Both television
and radio provide a variety of news and public interest
programming, including talk shows and public opinion shows.
The Berov Government fired a number of high-level media and
communications figures. Some of the firings were in
retaliation for what it described as antigovernment political
activity, while others were a clear attempt to impose stricter
controls over the political content of broadcasts. Among those
dismissed were Stefan Sofianski, head of posts and
telecommunications, Acen Agov, General Director of National
Television, and Ivo Indjev, director of the Bulgarian Telegraph
Agency. When the High Court ruled that, as a government
employee, Indjev could only be fired by Parliament, Parliament
voted to remove him legislatively. The cumulative effect of
these firings was to raise questions about the Berov
Government's commitment to freedom of the electronic media.
Approximately 30 independent radio stations are licensed in
Bulgaria. Some Turkish-language broadcasting takes place.
Radio transmitter facilities are owned by the Government.
Applications were solicited to operate cable television and
radio throughout the country.
Private book publishing remained lively in 1993, with more than
50 publishers in business. Academic freedom, with the notable
exception of the Panev law described in Section 1.e., continued
in 1993.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to peaceful and unarmed
assembly. Permits are required for rallies and assemblies held
outdoors, and most legally registered organizations were
routinely granted permission to assemble. However, several
religious groups reported difficulties obtaining permits for
outdoor assemblies. The Sofia municipality reportedly denied
an evangelical group a march permit in September on the grounds
the march might spark violent protests by those opposed to
"foreign" religious groups. Some religious groups also had
difficulties renting assembly halls to which they had
previously had access. Vigorous political rallies and
demonstrations were a common occurrence during 1993 and took
place without governmental interference.
Bulgaria, as a member state of the Conference on Security and
Cooperation in Europe, has undertaken to respect the right of
individuals and groups freely to establish their own political
parties or other political organizations. Despite this
undertaking, there are constitutional and statutory
restrictions on such activity that limit the right of
association and meaningful participation in the political
process. For example, the Constitution prohibits organizations
that threaten the country's territorial integrity or unity or
that incite racial, ethnic, or religious hatred. In 1990 the
Government denied registration as a legal organization to a
Macedonian rights group, UMO-Ilinden, on the grounds it was
separatist, and also denied a subsequent appeal. Police
forcibly broke up attempts by its members during 1993 to hold
public meetings. One of UMO-Ilinden's leaders, George
Solunski, was arrested in June on a charge of attempted murder
following an incident in which he allegedly fired a shot at a
political opponent. The murder charge was later dropped, and
Solunski was charged instead with "hooliganism" and possession
of a small amount of ammunition in his house without a permit.
He remained in pretrial detention at year's end, which is
uncommon for the charge. TMO-Ilinden, a related cultural group
which was legally registered and operated freely in 1992, had
its registration suspended at the Chief Prosecutor's request.
The suspension was justified on the basis that elements of the
group's statutes failed to conform with the law, although the
Chief Prosecutor's public statements suggested it was actually
because of the group's alleged separatist activities.
The Constitution forbids the formation of political parties
along religious, ethnic, or racial lines. It prohibits
"citizens' associations" from engaging in political activity.
These restrictions were used in 1991 to challenge the
legitimacy of one of the three leading political parties, the
MRF, which has a mainly ethnic Turkish constituency but which
is working to broaden its appeal and electoral base to become a
national party. A Constitutional Court ruling in 1991
preserved the party's legal status, but the Court's decision
was taken with less than the full bench. Some legal observers
believe the Court's ruling was definitive, while others think
the MRF remains vulnerable to a new challenge to its legal
status.
A Gypsy party, also denied registration in 1991 on the grounds
it was ethnically based, chose not to challenge this stricture
in 1993. A party which professes to represent the interests of
Bulgaria's Pomak population was registered as a political
party, although its legal status may also be open to challenge.
c. Freedom of Religion
The ability of some religious groups to operate freely came
under attack in Bulgaria in 1993. Early in the year, there was
wide public support for the decision of the Berov Government to
deny entry to a planeload of Swedish evangelists who arrived at
Sofia airport without visas. In the wake of that incident and
extensive press reporting which painted lurid and often
inaccurate pictures of the activities of non-Orthodox religious
groups, missionaries began to report harassment. Specific
problems included difficulties in obtaining visas and residence
permits and, in one case, a bomb threat against the opening of
an evangelical Bible college. Hare Krishna followers,
physically assaulted in the street and the subject of threats,
reportedly had difficulty obtaining adequate police
protection. A neighborhood organization in Sofia has
petitioned for their eviction. M.P.'s from both the UDF and
BSP supported this call.
The Constitution designates Eastern Orthodox Christianity as
the "traditional" religion of Bulgaria. Religious bodies must
register with the Directorate of Religious Affairs, or with the
courts as a citizens' association. No group was denied
registration, and more than 30 are officially recognized. A
number of major religious bodies, including the Muslim and
Jewish communities, receive government financial support.
There were no restrictions on attendance at religious services
or on private religious instruction. A school for imams, a
Muslim cultural center, university theological faculties, and
religious primary schools operated freely. Many new mosques
were constructed, especially in the southern regions. Bibles
and other religious materials in the Bulgarian language were
freely imported and printed. Muslim, Catholic, and Jewish
publications were published on a regular basis.
The 1992 schism in the Orthodox Church appeared to move toward
resolution in 1993, as the Government drew back from
involvement in the controversy which erupted under the previous
government.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country and the right to leave
it are constitutionally enshrined and not limited in practice.
Every citizen has the right to return to Bulgaria, may not be
forcibly expatriated, and may not be deprived of citizenship
acquired by birth. A number of former political emigrants were
granted passports and returned to visit or live in Bulgaria.
Bulgaria concluded agreements with Poland and Germany for the
repatriation of thousands of Bulgarians illegally resident in
those countries.
Bulgarian law provides for granting asylum to persons
persecuted for their opinions and activities based on standards
in the 1951 Convention Relating to the Status of Refugees and
its 1967 Protocol. Parliament in April approved an amendment
to remove geographical restrictions on Bulgaria's ratification
of the Convention and the Protocol. To date, Bulgaria has
received few requests for asylum and more often serves as a
transit point for third-country nationals seeking to travel to
the west. Official estimates of the number of illegal aliens
resident in Bulgaria, ranging from 12,000 to 30,000, appear to
be exaggerated. A Bureau of Territorial Asylum and Refugees
was staffed and funded in 1993 and was to begin processing
applications for refugee status by early 1994. Approximately
100 persons fleeing the conflict in the former Yugoslavia are
resident in Bulgaria and have received assistance from the
Government and the United Nations High Commissioner for
Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have and exercise the right to change their government
and head of state through the election of the President and
members of the National Assembly, but restrictions on parties
based on religious, ethnic, or racial identities have the
effect of circumscribing access to the political process (see
Section 2.b.). The most recent parliamentary elections took
place in October 1991, when more than 40 parties and coalitions
participated. At the same time, Bulgarians voted in the first
multiparty elections for local government since the Communist
era. In January 1992, incumbent (appointed) President Zhelyu
Zhelev was elected in Bulgaria's first direct presidential
elections.
A parliamentary commission charged with an investigation into
the 1991 elections failed to reach a consensus. UDF members of
the commission complained that vote fraud had taken place.
Other members of the commission disputed this charge, and
independent election observers opined the supporting evidence
was inconclusive.
The Constitution provides for unicameral parliamentary
elections by secret ballot. The 240 parliamentary deputies are
elected by a proportional system from party lists. Their term
is for 4 years, although the Constitution provides for earlier
elections if Parliament is unable to agree on a government.
Suffrage is universal at the age of 18.
A distinct separation of powers exists between the Government
(Prime Minister and Cabinet) and the President, who is Chief of
State. The President has limited powers and is elected for a
term of 5 years. During 1993, as part of ongoing political
disputes, some BSP figures, as well as hard-line elements
within the UDF, complained that the President had exceeded his
constitutional powers. Another challenge to the President's
power took place during the summer when the UDF mounted a
series of anti-Presidential strikes, but there were resolved
through peaceful negotiation.
There are no restrictions in law or practice on the
participation of women in government. A number of women hold
elected and appointed office at high levels, including
approximately 15 percent of parliamentary seats.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
An increasing number of local and international human rights
groups operated freely in Bulgaria in 1993. A Bulgarian
chapter of Helsinki Watch founded in 1992 was formally
affiliated with the international organization in 1993. This
group should not be confused with the self-proclaimed Helsinki
Watch headed by Rumen Vodenicharov, a member of the 1990-91
Grand National Assembly, whose group has a strongly
nationalistic flavor. Another group, the Helsinki Citizens
Alliance, actively investigated police-Gypsy clashes and
developed a working relationship with the Ministry of the
Interior. In general, the Government cooperated well with
NGO's and human rights groups, although such groups often
encountered difficulty working with local authorities.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for individual rights, equality, and
protection against discrimination. In practice, some instances
of discrimination still exist, particularly against Gypsies.
Women
Most organizations defending women's interests are closely
associated with political parties or have primarily
professional agendas. One nationwide group, the Women's
Democratic Union of Bulgaria, is heir to the women's group
which existed under the Zhivkov dictatorship. This group
addresses itself primarily to creating employment opportunities
for women. The Constitution forbids privileges or restrictions
of rights on the basis of sex. However, women face
discrimination both in terms of recruitment and the likelihood
of layoffs. Official figures show the rate of unemployment for
women to be 2.6 percent higher than that for men, and this gap
appears to be widening. Some observers believe the Labor Code
provides relatively limited protection for pregnant women and
women with small children, although the labor inspection unit
of the Ministry of Labor and Social Welfare has issued a
written directive bolstering this protection. While women are
equally likely to receive university education, some single
mothers report difficulty in finding housing, either for
financial reasons or because their needs are perceived to be
less compelling than those of men.
The courts prosecute rape, although it remains an underreported
crime because some stigma still attaches to the victim. The
maximum sentence for rape is 8 years; convicted offenders often
receive a lesser sentence or early parole. Marital rape is a
crime but rarely prosecuted. There are no figures on the
occurrence of domestic violence, and no evidence, either
anecdotal or otherwise, that it is either pervasive or
increasing. No organizations or government agencies exist
specifically to provide support to victims of domestic violence.
Children
The Government appears to be committed to protecting children's
welfare. It maintains, for example, a sizable network of
orphanages throughout the country. Government efforts in
education and health, however, have been constrained by serious
budgetary limitations. The vast majority of Bulgaria's
approximately 1 1/2 million children are free from societal
abuse. Some Gypsy children, particularly those who were
homeless or abandoned, were beaten by "skinhead" groups. The
Helsinki Citizens' Alliance initiated a program to work with
Gypsy children. There were reports, so far unsubstantiated,
that police sexually abused Gypsy minors; to date, there has
been no response to the reports and no investigation. Some
Gypsy minors were reportedly forced into prostitution by family
or community members.
National/Racial/Ethnic Minorities
Ethnic Turks and Gypsies make up the two largest minorities,
each constituting between 6 and 9 percent of the population.
The overwhelming majority of ethnic Turks are Sunni Muslims,
although there are scattered Shi'ite villages in the eastern
Balkan range and Rhodope mountains; relations are amicable
between the two communities. Pomaks constitute the other
sizable minority, comprising about 2-3 percent of the
population. Sometimes referred to as Bulgarian Muslims, Pomaks
are a distinct people of Slavic descent whose ancestors
converted to Islam; most are Muslim, although a handful have
become atheists or converted to Christianity.
Economic migration to Turkey continued, although at a reduced
pace due to increased border controls implemented by Turkey.
The MRF, supported by the Podkrepa trade union confederation,
launched a series of strikes in the fall, protesting low
purchase prices for tobacco. While some MRF leaders accused
the Government of using economic means deliberately to drive
ethnic Turks out of the country, the Government's decision to
retain control of tobacco purchasing appeared to be motivated
by a desire to obtain revenues. The Ministry of Labor prepared
plans to relieve unemployment in hard-hit minority areas in the
south and northwest, but these plans had not been put into
operation by year's end.
There are no restrictions on the practice of Muslim religious
traditions, the speaking of Turkish in public, or the use of
non-Slavic names. A government-funded program which paid
administrative costs for those who wished to take
Turkish-version names ended in November. Some ethnic Turks
protested that the program should be extended, but this appears
to be an administrative rather than a human rights issue.
Voluntary Turkish-language classes continued and expanded in
areas with significant Turkish-speaking populations, and more
than 400 teachers graduated from Turkish training in institutes
in Kurjali and Shumen. By year's end, only 17,000 ethnic
Turkish students throughout the country were believed to be
without access to Turkish-language classes. Most complaints
about language classes by ethnic Turks stemmed from a desire
either to have more hours per week of such classes or to make
them compulsory in largely ethnic Turkish areas.
The results of a census conducted in December 1992 caused
controversy. Those who consider themselves ethnic Macedonians
complained they were unable to identify themselves as such on
the census form. Others, especially members of the BSP and the
Internal Macedonian Revolutionary Organization (IMRO), accused
members of the ethnic Turkish community of "forcible
Turkification," i.e., pressuring members of the Muslim
community to declare themselves ethnic Turks and take Turkish
names. On the basis of an investigation into these charges,
Parliament in September annulled census results in two towns in
the southwest. Independent observers found community and peer
pressure but no evidence of forcible Turkification. There were
credible reports that some Muslim religious figures refused to
bury Muslims with Slavic names, which some observers saw as an
encroachment on religious freedom.
In the 1992 census, approximately 3.4 percent of the population
identified itself as Gypsy (Roma), although the real number is
believed to be much higher since many individuals of Gypsy
descent tend to identify themselves as ethnic Turks or ethnic
Bulgarians to the authorities. Gypsy groups continued to be
divided among themselves, although a newly formed federation
had some success in presenting national Gypsy issues to the
Government. As individuals and as an ethnic group, Gypsies
faced apparently rising levels of discrimination. Several
local citizens' groups with antiethnic agendas attacked Gypsy
clubs and neighborhoods. Many newspapers routinely attribute
crimes to Gypsies before any formal investigation has taken
place. The quality of Gypsy housing is relatively poor, with
many houses still lacking water, electricity, and sewage
facilities. Gypsies reportedly encounter difficulties applying
for social benefits. Rural Gypsies are discouraged from
claiming land to which they are entitled under the law dividing
up agricultural collectives. Domestic and international human
rights groups substantiated a significant number of reports of
police mistreatment of Gypsies upon arrest and during
incarceration. These included severe beatings that resulted in
serious injuries (see Section 1.c.).
The Government is beginning to recognize the discrimination
Gypsies face. The Ministry of Labor launched a pilot
work-literacy program in Plovdiv, and the Ministry of Education
introduced a Gypsy-language schoolbook into a number of schools
in areas with Gypsy populations. The Ministry of Interior
launched an investigation into allegations of police brutality
in Stara Zagora. The Council of Ministers agreed to set up a
special governmental council on Gypsy problems. A number of
Gypsy police were hired, 10 in Plovdiv alone. The first
teachers received Roma-language training, although this program
lagged far behind its Turkish-language counterpart and ran into
significant local opposition.
Thousands of Bulgarians, mainly in the southwest, identify
themselves as Macedonians, most for historical and geographic
reasons. Members of the two organizations which purport to
defend the interests of ethnic Macedonians, UMO-Ilinden and
TMO-Ilinden, are believed to number in the hundreds (see
Section 2.b.).
Workplace discrimination against minorities continued to be a
problem, especially for Gypsies. Employers justify such
discrimination on the basis of their relatively low training
and education levels. Supervisory jobs are generally given to
ethnic Bulgarian employees, with ethnic Turks, Pomaks, and,
particularly, Gypsies often being among the first to be laid
off.
During compulsory military service most members of minorities
are shunted into labor units in which they often perform
civilian as well as military construction and maintenance
instead of serving in normal military units. Only a few ethnic
Turkish officers, and reportedly no Gypsy officers, serve in
the armed forces.
People with Disabilities
Disabled persons receive a range of financial assistance,
including free public transportation, reduced prices on
modified automobiles, and free equipment such as wheelchairs.
The Government in 1993 worked with the Union for Handicapped
Persons to launch a pilot project to improve access to rail
transportation. Handicapped persons have access to university
training and to housing and employment, although no special
programs are in place to allow them to live up to their full
employment potential. To date, little effort has been made to
change building or street layouts to help blind or otherwise
handicapped persons. Also, policies under the previous regime
that deliberately separated mentally and physically handicapped
persons, including children, often placing them in institutions
and workplaces remote from the larger cities, have persisted.
Section 6 Worker Rights
a. The Right of Association
The 1991 Constitution guarantees the right of all workers to
form or join trade unions of their own choice. This right
appears to have been freely exercised in 1993. Estimates of
the unionized share of the work force range from 30 to 50
percent. This share is shrinking as large firms lay off
workers, and most new positions appear in small, nonunionized
businesses.
Bulgaria has two large trade union confederations, the
Confederation of Independent Trade Unions of Bulgaria (CITUB),
and Podkrepa. CITUB, the successor to the trade union
controlled by the former Communist regime, now appears to
operate as an independent entity. Podkrepa, the independent
confederation created in 1989, was one of the earliest
opposition forces but is no longer a member of the UDF. The
two confederations work together on some tactical issues,
particularly in the country's tripartite body, the National
Social Council, which includes employers and government.
Podkrepa's founder, Dr. Konstantin Trenchev, continued to play
an active role in union and political affairs despite being
indicted in a criminal investigation concerning a fire in the
former security service headquarters.
Military, police, energy production and supply, and health
sectors are defined as essential services, and workers in these
sectors are restricted from striking. The National Social
Council played a major role in political life in 1993,
determining pension levels, the minimum wage, and cost-of-
living adjustments. It also considered legislation which had
an impact on labor and agreed on a split of union property
between the two main labor confederations.
The Labor Code passed in December 1992 recognizes the right to
strike when other means of conflict resolution have been
exhausted, but political strikes are forbidden. Only one major
national strike took place in 1993, a miners' strike called in
December which had not been resolved at the end of the year. A
teachers' strike was resolved with some concessions by the
Government, as were local strikes by arms production workers
and transport workers. Legal actions initiated against some
unions in 1992 on the grounds that their activities violated
the constitutional prohibition against political activities by
citizens' associations (defined to include trade unions) were
still pending at year's end. Until the limitations of this
constitutional clause are more clearly defined, either by
legislation or judicial precedent, inappropriate attacks on
legitimate union activities will likely continue.
On a first reading, the International Labor Organization's
(ILO) Committee of Experts expressed satisfaction with the
Labor Code's provisions barring job discrimination. Noting two
Constitutional Court rulings which found that legislation
excluding Communist party officials from elective positions on
the boards of banks and excluding employment in a management
position of a Communist organization as counting for
pensionable services were in violation of Convention 111, the
COE requested further information on lustration proceedings, on
measures directed at compensating ethnic Turks for abuses under
the previous regime, on efforts taken to improve the economic
condition of minorities, and on measures to promote equality of
workplace opportunity between men and women. The Committee on
Freedom of Association rejected CITUB's contention that a 1991
law confiscating the assets acquired by Communist organizations
since 1944 violated the principles of freedom of association,
but stated that this should not include voluntary contributions
paid by CITUB members since 1990 and urged the Government to
settle the trade union assets question in consultation with the
trade unions. There are no restrictions on affiliation or
contact with international labor organizations, and Bulgarian
unions actively exercise this right.
b. The Right to Organize and Bargain Collectively
The Labor Code institutes collective bargaining, which was
practiced both nationally and on a local level. Only Podkrepa
and CITUB are authorized to bargain collectively. This led to
complaints by smaller unions, which may in individual
workplaces have more members than either of the two large
confederations. Smaller unions also complained that they were
excluded from the National Social Council.
The Labor Code's prohibitions against antiunion discrimination
include protection against dismissal as a form of retribution
for a period of 6 months. While these provisions appear to be
within international norms, there is no specific mechanism for
resolving complaints, and the burden of proof in such a case
rests entirely on the employee. There were no cases in which
an employer was found guilty of antiunion discrimination and
required to reinstate workers fired for union activities. The
International Confederation of Free Trade Unions charged that
the revised Labor Code does not provide effective protection
against acts of antiunion discrimination. It also categorized
the "national representation" requirement as constituting a
substantive violation of the right to organize and criticized
the provision making negotiation of individual contracts
possible regardless of existing collective agreements. The
same obligation of collective bargaining and adherence to labor
standards prevails in Bulgaria's export processing zones which,
at year's end, appear to exist only on paper.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor. Some
observers suggested that the practice of shunting military
draftees who are members of minorities or conscientious
objectors into work units that sometimes work on civilian
construction projects could be considered a form of forced
labor (Section 5).
d. Minimum Age for Employment of Children
The Labor Code sets the minimum age for employment at 16; the
minimum for dangerous work is set at 18. Employers and the
Ministry of Labor and Social Welfare are responsible for
enforcing these provisions. Child labor laws are enforced well
in the formal sector. Some underage employment occurs in the
informal and agricultural sectors, although the practice is
neither widespread nor systematic.
e. Acceptable Conditions of Work
The National Social Council adjusted the minimum wage on
several occasions in 1993, although not enough to keep pace
with inflation. At the end of the year it stood at
approximately $45 (1,434 leva) a month. Inflation in 1993,
estimated at 65 percent, dramatically increased the cost of
living. The minimum wage is not enough for a single wage
earner to provide a decent standard of living for a family.
The Constitution stipulates the right to social security and
welfare aid and assistance for the temporarily unemployed.
The Labor Code provides for a standard workweek of 40 hours,
with at least one 24-hour rest period per week. Enforcement is
the responsibility of the Ministry of Labor and Social
Welfare. Enforcement is effective in the state sector but much
weaker in the emerging private sector.
Bulgaria has a national labor safety program with standards
established by the Labor Code. The Constitution states that
employees are entitled to healthy and nonhazardous working
conditions. The Ministry of Labor and Social Welfare is
responsible for enforcing these provisions. Under the Labor
Code, an employee has the right to remove himself from a work
situation which presents a serious or immediate danger to life
or health without jeopardizing continued employment. In
practice, refusal to work in situations with relatively high
accident rates or associated chronic health problems would
result in loss of employment for many workers. Conditions
appear to be worsening owing to budget stringencies and a
growing private sector in which labor inspectors have not yet
made a concerted effort, due in part to the difficulty in
locating the many small unlicensed businesses which do not pay
taxes and do not have other links to government entities.
[end of document]
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