Human Rights Council

Thirtieth session

Agenda item 6

Universal p eriodic r eview

Report of the Working Group on the Universal Periodic Review *

Bulgaria

Contents

Page

Introduction3

I.Summary of the proceedings of the review process3

A.Presentation by the State under review3

B.Interactive dialogue and responses by the State under review7

II.Conclusions and recommendations15

Annex

Composition of the delegation26

Introduction

The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15 May 2015. The review of Bulgaria was held at the 8th meeting, on 7 May 2015. The delegation of Bulgaria was headed by the Deputy Minister for Foreign Affairs, Katia Todorova. At its 14th meeting, held on 12 May 2015, the Working Group adopted the report on Bulgaria.

On 13 January 2015, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Bulgaria: Côte d’Ivoire, Ireland and Pakistan.

In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Bulgaria:

(a)A national report (A/HRC/WG.6/22/BGR/1);

(b)A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/BGR/2);

(c)Summary prepared by OHCHR (A/HRC/WG.6/22/BGR/3).

A list of questions prepared in advance by Belgium, the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to Bulgaria through the troika. These questions are available on the extranet of the universal periodic review.

I.Summary of the proceedings of the review process

A.Presentation by the State under review

The delegation stated that the national report had been prepared through a cooperative and transparent process with the participation of relevant State bodies and based on the valuable input of civil society representatives. The draft was published on the official page of the Ministry for Foreign Affairs for broad public discussions.

Since its first universal periodic review, the Government has made efforts to implement the recommendations of the review and to enhance the capacity of the human rights mechanisms. Bulgaria submitted a voluntary midterm report in 2013. The delegation highlighted the significant progress achieved in strengthening the institutional and legislative framework for the promotion and protection of human rights.

In 2013, the National Coordination Mechanism on Human Rights was established in order to improve coordination among the relevant authorities and representatives of civil society in implementing the international human rights obligations of Bulgaria. Bulgaria introduced the practice of establishing working groups in the process of follow-up to the universal periodic review recommendations. The national human rights institutions had served as members of those working groups.

In 2011, the Commission for Protection against Discrimination and the Ombudsman were accorded “B” status by the International Coordinating Committee of National Human Rights Institutions. The Ombudsman had been acting as a national preventive mechanism after the recent amendments to the Ombudsman Act.

Since 2011, the National Council for Cooperation on Ethnic and Integration Issues, a government consultative body, has been coordinating and monitoring the implementation of the National Action Plan for the Decade of Roma Inclusion 2005–2015.

The delegation stated that the recommendations of the Council of Europe and the Organization for Security and Cooperation in Europe (OSCE) had been taken into consideration during the drafting of the Electoral Codes, which came into force in 2014.

The delegation stated that the Government paid special attention to all those recommendations that called for the reform of the judiciary as it considered judicial reform an important area for the protection of human rights. The recommendations of the Special Rapporteur on the independence of judges and lawyers had been taken into consideration during the drafting of the 2012 amendments to the Judicial System Act. The updated strategy for continuing the reform of the judiciary, which was adopted in 2015, set the goal to modernize the judiciary and to complete the reform within the following seven years. The key priority of the reform was to provide full guarantees for the independence of the judiciary and ensure its effective functioning.

Progress was documented in setting up a mechanism for the compensation of those whose human rights had been violated. The Government had established a procedure for compensating citizens and legal entities for damages resulting from unreasonable delays in civil, administrative and criminal procedures. The National Assembly tasked the Government to submit an annual report on the implementation of the decisions of the European Court on Human Rights against Bulgaria. In 2014, the Government adopted a decision for a one-time payment of compensation to all individual complaints for which damages were recommended by the United Nations human rights treaty bodies. In 2015 the National Coordination Mechanism on Human Rights approved a legal mechanism for financial compensation following the recommendations of the treaty bodies on individual complaints.

13.During the reporting period, Bulgaria acceded to a number of international human rights instruments, including the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Persons with Disabilities and the Convention on the Reduction of Statelessness. The delegation expressed the commitment of Bulgaria to ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the International Convention for the Protection of All Persons from Enforced Disappearance. Bulgaria had presented its reports to the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities. It had also issued a standing invitation to all special procedures mandate holders of the Human Rights Council.

14.In the reporting period, Bulgaria had achieved progress in enhancing the national capacity for the promotion and protection of human rights. The human rights situation had improved, though certain areas required further efforts. Having that in mind, the National Coordination Mechanism on Human Rights had approved national human rights priorities that included the protection of the rights of the child, persons with disabilities and of migrants and refugees, enhancement of gender equality, the promotion of ethnic and religious tolerance and the effective integration of Roma.

15.The delegation expressed its gratitude to all those delegations that had submitted advance questions and provided the responses to those questions. In response to the influx of refugees in 2013, the Government had improved the living conditions of those in need of international protection and constructed new facilities and infrastructure with a capacity of 6,000 people. Progress had also been documented in respect of the registration and the processing of requests for international protection.

16.In 2014, the Government had adopted the National Integration Strategy for Individuals Granted International Protection in Bulgaria (2014–2020), which paid special attention to vulnerable persons with specific needs and to unaccompanied minors. Children were provided with legal aid, health care and guaranteed the right to continue their education. With regard to the appointment of guardians or trustees for unaccompanied minors, a draft law which would allow the Agency for Social Assistance to appoint a representative of the child, was forwarded to the consideration of the National Assembly.

17.Concerning the questions regarding hate crime and speech, and intolerance, the delegation stated that its legislation provided for a solid legal framework for combating all cases of hate crime, racism, and xenophobia and the Criminal Code recognized each racial motivation as an aggravating circumstance in criminal offences. Draft amendments to the Code, introducing the criminalization of public incitement to violence or hate on religious grounds were being considered by the National Assembly.

18.There was a substantial improvement in the interaction between the Prosecutor’s Office and the investigating authorities in identifying and reporting discriminatory motives at the earliest possible stage of pretrial proceedings. Although sexual orientation and gender identity were not explicitly defined as aggravating circumstances in the Criminal Code, such elements of the crime had been taken into account during the trial and the judgements of courts. In that respect, training was regularly provided to enhance the qualification of prosecutors. Public awareness measures were carried out to promote tolerance and to address hate speech and incitement to racial or ethnic violence in political discourse and in the media.

19.TheNational Roma Integration Strategy(2012–2020) was to be implemented in two phases: 2012–2014 and 2014–2020. Subsequently, 28 regional strategies and 220 municipal action plans for the integration of the Roma were adopted by taking into consideration the needs and specifics of local communities. The Strategy considered education the first priority of the integration policy. Efforts were increased to strengthen the integration of children of Roma origin into the general education system. Some measures were also taken to reduce school dropouts among the Roma children. The Ministry of Education and Science, in cooperation with the Regional Education Inspectorates and the municipalities, carried out monitoring of kindergartens and schools to avoid the formation of special classes for children belonging to ethnic groups.

20.Regarding the questions on prison conditions and overcrowding, the delegation stated that two new detention centres had been opened and a project had been implemented to improve the conditions of detention centres and prisons. The authorities had been working together with Norway on a joint project to introduce electronic monitoring of selected categories of offenders in order to reduce the number of prisoners.

21.With regard to the questions concerning the support of families with children with disabilities, and the juvenile justice system, the delegation stated that the legislation provided for equal opportunities and social inclusion of children with disabilities and that financial support was provided to families raising children with disabilities. Several measures had been taken to improve the legislation on juvenile justice.

22.Bulgaria had also been strengthening its measures to ensure non-discrimination and equal opportunities for people with disabilities, as well as their integration in all areas of public life.

23.Concerning lesbian, gay, bisexual and transgender persons, the authorities have continued to pursue consistent policies aimed at preventing and eliminating any form of discrimination, including against such persons.

24.With regard to the question on domestic violence, the delegation stated that theGovernment, in cooperation with non-governmental organizations (NGOs), had implemented measures to combat domestic violence. The Alliance for Protection against Domestic Violence provided for monitoring of compliance with international regulations and for ensuring maximum protection for the victims. Regular public campaigns and initiatives were carried out to raise public awareness on domestic violence and to increase knowledge about the existing protection procedures. The delegation also pointed to the social services in place which provided support to victims of domestic violence.

25.Regarding the question on the scope of sexual assault offences, the delegation stated that those offences were included in the legislation and that lack of consent was a necessary precondition for fulfilling the corpus delicti and the consent must be given based on the victim’s free will.

26.In response to the questions on human trafficking, the delegation reiterated that the National Commission for Combating Trafficking in Human Beings continued working with vulnerable groups, especially the Roma community, women and children. The Government had implemented several measures to prevent human trafficking for the purpose of labour and sexual exploitation, provide assistance to victims of human trafficking, strengthen the prosecution of perpetrators of trafficking in women and children, and improve cooperation with the respective authorities of other countries in investigating transnational forms of trafficking.

27.The delegation emphasized that the 2015 Anti-Corruption Strategy establishedan independent anti-corruption body with guarantees of transparency in the appointment its management and staff.

28.Regarding the question on media ownership, the delegation stated thatthe Government presented its programme in 2015, foreseeing new regulations for the acquisition and merger of the media, aimed at eliminating the possibility of influence on the media environment by a single owner.

29.In response to questions, the delegation reported that the issue of the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance had been discussed within the National Coordination Mechanism on Human Rights. It was concluded that a review of the national legislation was needed to introduce the definition of forced disappearance and the creation of an effective mechanism for compensation of the victims and their families. In this respect, a working group had been established to work on draft amendments to the legislation. The delegation stated that Bulgaria would consider acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families when an agreement had been reached within the European Union on that issue.

30.Concerning the questions on the implementation of the Rome Statute of the International Criminal Court and on a possible ratification of the amendments to the crime of aggression, the delegation stated that the legislation was fully in compliance with the Statute in respect of the criminalization of the offences under its scope. Concrete steps for the ratification of the amendments had not yet been taken.

31.Regarding the question about the representation of civil society organizations in the work of the National Coordination Mechanism on Human Rights, the delegation explained that there were no requirements for prior registration for the participation in the work of the Mechanism and all human rights NGOs were encouraged to take part in the meetings based on their areas of interest.

B.Interactive dialogue and responses by the State under review

32.During the interactive dialogue, 75 delegations made statements. Recommendations made during the dialogue can be found in section II of the present report.

33.Spain congratulated Bulgaria for the ratification of the Convention on the Rights of Persons with Disabilities. It was concerned about attacks and hate speech against Roma. Spain stated that there was room for improvement on gender equality. It made recommendations.

34.The Sudan appreciated legislative and institutional developments since the first universal periodic review, particularly the adoption of the election codes, the amendments to the Judicial System Act 2010 and the updated strategy for continuing the reform of the judiciary. It made recommendations.

35.Sweden recalled that during the previous review Bulgaria had accepted a recommendation on detention conditions. It referred to complaints about poor conditions and treatment in migrant detention centres. Sweden stated that unaccompanied children were accommodated together with adults in reception centres. Sweden made recommendations.

36.Switzerland noted that Bulgaria had accepted a number of recommendations to combat domestic violence. However, domestic violence was not considered a criminal offence by law. Switzerland was concerned about the inadequate protection provided to lesbian, gay, bisexual, transgender and intersex persons. It made recommendations.

37.Thailand encouraged Bulgaria to put in place appropriate legislative, administrative and other relevant measures to ensure full respect for children’s rights, including in the area of juvenile justice and to step up efforts to promote access to social services for persons with disabilities. Thailand made recommendations.

38.The former Yugoslav Republic of Macedonia welcomed the establishment of the National Coordination Mechanism on Human Rights, which would enhance protection of the human rights of all citizens, irrespective of their ethnic origin. It made recommendations.

39.Timor-Leste welcomed the creation of a specialized criminal court to handle cases of corruption and organized crime. It was, however, concerned about the report of incidents of violence based on anti-foreigner and anti-refugee sentiment. Timor-Leste made recommendations.

40.Trinidad and Tobago commended the establishment of the National Coordination Mechanism on Human Rights, designed to streamline the efforts of Bulgaria to undertake responsibilities in accordance with various human rights mechanisms. It also noted steps taken to adhere to additional international instruments. It made recommendations.

41.Turkey welcomed the efforts of Bulgaria to cooperate with the international human rights mechanism. It was concerned about discrimination against minorities and impunity for the human rights violations committed in the past. Turkey noted that the legislation restricted the pre-election campaign’s language to Bulgarian. Turkey made recommendations.

42.Turkmenistan noted that Bulgaria provided a comprehensive update on efforts undertaken by the Government to improve the human rights situation on the ground. It made recommendations.

43.Ukraine commended Bulgaria for its efforts to implement recommendations from the first cycle of the universal periodic review and noted measures undertaken to promote the protection of minorities, the ratification of several international human rights instruments, and the adoption of a strategy for individuals granted international protection. It made recommendations.

44.The United Kingdom noted thecommitment of Bulgaria to improve the situation of Roma and encouraged Bulgaria to take further action at the municipal level. It expressed the hope that the Government would foster understanding in society for lesbian, gay, bisexual and transgender persons. It made recommendations.

45.The United States of America was concerned that corporate and political pressure was increasing media self-censorship and that corruption was undermining trust in the judiciary and other government institutions. It raised a number of concerns regarding the rights of minorities. It urged Bulgaria to promote and protect the human rights of migrants and asylum seekers. The United States made recommendations.

46.Uruguay noted the ratification of the Optional Protocol to the Convention against Torture and the Convention on the Rights of Persons with Disabilities and encouraged Bulgaria to ratify the Optional Protoc