Committee on the Elimination of Racial Discrimination

Concluding observations on the combined twentieth to twenty-second periodic reports of Bulgaria *

1.The Committee considered the combined twentieth to twenty-second periodic reports of Bulgaria (CERD/C/BGR/20-22), submitted in one document, at its 2534th and 2535th meetings (see CERD/C/SR.2534 and 2535), held on 4 and 5 May 2017. At its 2543rd and 2544th meetings, held on 11 May 2017, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the combined twentieth to twenty-second periodic reports of the State party, which included responses to the concerns raised by the Committee in its previous concluding observations. The Committee wishes to commend the open dialogue with the State party’s multisectoral delegation. The Committee also notes the additional information submitted in writing after the dialogue.

B.Positive aspects

3.The Committee welcomes the adoption by the State party of the following legislative, institutional and policy measures:

(a)Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection and Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, in 2015, which have had the effect of reducing the length of administrative detention for persons applying for asylum;

(b)The amendments to the Asylum and Refugees Act extending the child guardianship system to migrant children, in October 2015;

(c)The amendments to the Legal Aid Act contributing to improved access to justice by disadvantaged groups and individuals, in 2013;

(d)The amendments to the Law for Foreigners in the Republic of Bulgaria prohibiting the detention of unaccompanied children, in 2013;

(e)The Strategy for the Educational Integration for Children and Students from Ethnic Minorities (2015-2020) and its action plan;

(f)The National Strategy on Migration, Asylum and Integration (2015-2020);

(g)The National Roma Integration Strategy (2012-2020) and its actions plans;

(h)The Health Strategy for Disadvantaged Persons Belonging to Ethnic Minorities (2005-2015).

4.The Committee further welcomes the ratification by the State party of the following international human rights instruments:

(a)The Convention on the Rights of Persons with Disabilities, in 2012;

(b)The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2011.

C.Concerns and recommendations

Visibility of the Convention

5.Bearing in mind the direct applicability of the Convention in the State party’s legal order, the Committee regrets the lack of information on court cases in which the Convention’s provisions were invoked before, or applied by, domestic courts (art. 2).

6. The Committee recommends that the State party take appropriate measures, including through training, to ensure that judges, prosecutors and lawyers have sufficient knowledge of the provisions of the Convention to enable them to apply them in relevant cases. It requests the State party to include in its next periodic report specific examples of the application of the Convention by domestic courts.

Disaggregated data

7.The Committee regrets the lack of updated disaggregated statistical data regarding the de facto enjoyment by members of ethnic minorities and non-citizens of the rights protected under the Convention, without wh