Bulgaria
Racist and hate crime are punishable in accordance with the Criminal Code although it does not use and does not define the terms racist/hate crime. The number of cases for racist crimes brought to court and the number of convicted individuals is very low. NGOs say this is due to the fact that offenders are usually charged with ordinary crimes and thus the justice system fails to address the racist nature of the crimes.
-
Anti-discrimination Legislation & Implementation
In Bulgaria, the Law on Protection against Discrimination regulates the prohibition of discrimination and protection of all rights and freedoms proclaimed by the Constitution and the laws of the Republic of Bulgaria in accordance with the International Conventions and the EU law. A specialised equality body Commission for Protection against Discrimination (CPD) receives and investigates complaints for cases of discrimination.
-
Is racial discrimination defined in national law?
Yes.
Qualitative Info
Racial discrimination is defined in the Law on Protection against Discrimination (LPD) together with the other forms of discrimination. According to Article 4 (1) of the LPD any direct or indirect discrimination based on sex, race, nationality, ethnicity, human genome, citizenship, origin, religion or belief, education, views, political allegiance, personal or social status, disability, age, sexual orientation, marital status, property status, or on any other ground, established by law or an international treaty whereto the Republic of Bulgaria is a party, shall be prohibited. According to Article 4 (2) of the LPD direct discrimination means the treatment of someone less favourably than another person is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 4 (1). According to Article 4 (3) indirect discrimination means any case where an apparently neutral provision, criterion or practice would put a person, on the grounds referred to in Article 4 (1), at a particular disadvantage compared to other individuals, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
See other countriesSee indicator history -
Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
Yes.
Qualitative Info
The definition of discrimination provided by Article 4 of the Law on Protection against Discrimination fully complies with Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. According to Article 4 (1) of the LPD "any direct or indirect discrimination based on sex, race, nationality, ethnicity, human genome, citizenship, origin, religion or belief, education, views, political allegiance, personal or social status, disability, age, sexual orientation, marital status, property status, or on any other ground, established by law or an international treaty whereto the Republic of Bulgaria is a party, shall be prohibited". According to Article 4 (2) of the LPD "direct discrimination means the treatment of someone less favourably than another person is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 4 (1)." According to Article 4 (3) "indirect discrimination means any case where an apparently neutral provision, criterion or practice would put a person, on the grounds referred to in Article 4 (1), at a particular disadvantage compared to other individuals, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary".
See other countriesSee indicator history -
Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?
Yes.
Qualitative Info
The national law covers all forms of discrimination listed in the EU law (Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and the Charter of Fundamental Rights of the European Union), in proposed new EU legislation (Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation) and in other international legal acts (Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe). Some specific grounds mentioned in individual international acts (e.g. colour, birth, etc.) are not explicitly listed in the Law on Protection against Discrimination (LPD), but nevertheless they apply according to the explicit provision of Article 4 (1) of the LPD that discrimination on any ground, established by an international treaty whereto the Republic of Bulgaria is a party, shall be prohibited.
As of 2012 the LPD was amended to comply with DIRECTIVE 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a selfemployed capacity and repealing Council Directive 86/613/EEC.
External Url http://lex.bg/laws/ldoc/2135472223
See other countriesSee indicator history
-
Is racial discrimination defined in national law?
-
Anti-racist Crime Legislation & Implementation
The Bulgarian Criminal Code incriminates the racist crime and hate speech without defining the terms racist crime/ hate crime. The number of criminal proceedings for racist crime is very low and it is not adequate to the real number of racist incidents reported by NGOs.
-
Is there legislation against racist and hate crime?
Yes.
Qualitative Info
Provisions concerning racist and hate crime are included in the Criminal Code. The Criminal Code does not use and does not define the term racist-hate. It only describes the type of behaviour to be punished. According to Article 162 (1) of the Criminal Code everyone who promotes or incites to discrimination, violence or hatred on the grounds of race, nationality or ethnicity through speech, print or another mass media, through electronic information systems or otherwise is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand. According to Article 162 (2) of the Criminal Code everyone who uses violence against another person or damages his/her property because of his/her race, nationality, ethnicity, religion or political convictions is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand.
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there a legal definition of racist-hate crime?
No.
Qualitative Info
No. The Criminal Code does not use and does not define the term racist-hate. It only describes the type of behaviour to be punished. According to Article 162 (1) of the Criminal Code everyone who promotes or incites to discrimination, violence or hatred on the grounds of race, nationality or ethnicity through speech, print or another mass media, through electronic information systems or otherwise is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand. According to Article 162 (2) of the Criminal Code everyone who uses violence against another person or damages his/her property because of his/her race, nationality, ethnicity, religion or political convictions is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand.
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there a legal definition of hate speech?
No.
Qualitative Info
The Criminal Code does not provide for a legal definition of hate speech. It only describes the type of behaviour to be punished. According to Article 162 (1) of the Criminal Code everyone who promotes or incites to discrimination, violence or hatred on the grounds of race, nationality or ethnicity through speech, print or another mass media, through electronic information systems or otherwise is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand. According to Article 162 (2) of the Criminal Code everyone who uses violence against another person or damages his/her property because of his/her race, nationality, ethnicity, religion or political convictions is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand.
Key socio-economic / Institutional Areas
- Anti-racism
-
Are there legal definitions of racist incident and racist violence?
No.
Qualitative Info
The Criminal Code does not provide for a legal definition racist incident and racist violence. It only describes the type of behaviour to be punished. According to Article 162 (1) of the Criminal Code everyone who promotes or incites to discrimination, violence or hatred on the grounds of race, nationality or ethnicity through speech, print or another mass media, through electronic information systems or otherwise is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand. According to Article 162 (2) of the Criminal Code everyone who uses violence against another person or damages his/her property because of his/her race, nationality, ethnicity, religion or political convictions is liable to imprisonment of 1 up to 4 years and a fine of 5,000 up to 10,000 Levs (approximately 2,500 up to 5,000 Euro) as well as public reprimand.
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?
Yes.
Qualitative Info
According to Article 162 (3) of the Criminal Code, a person who establishes or leads an organisation or a group, which has the objective of committing the crimes referred to in Article 162 (1) and (2) shall be punished by imprisonment of one up to six years and a fine to the amount of 10,000 up to 30,000 Levs as well as by public reprimand. According to Article 162 (4) of the Criminal Code, the membership of such an organisation or a group shall be punished by imprisonment of up to three years and by public reprimand. The crimes referred to in Article 162 (1) of the Criminal Code are: promoting or inciting to discrimination, violence or hatred on the grounds of race, nationality or ethnicity through speech, print or another mass media, through electronic information systems or otherwise. The crimes referred to in Article 162 (2) of the Criminal Code are: use of violence against another person or damaging another person’s property because of his/her race, nationality, ethnicity, religion or political convictions.
Type (R/D)
- Extremism - organised Racist Violence
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there an independent assessment of the impact of anti-racist legislation and its application in practice?
No.
Qualitative Info
No. There is no independent overall assessment of the impact of the anti-racist criminal legislation and its application in practice. In its report on Bulgaria of 2009, ECRI recommends the Bulgarian authorities to make sure that racist crimes are duly punished in accordance with the law. ECRI also notes that the Bulgarian authorities should give priority to the prosecution of racist and xenophobic crimes and to collect and publish accurate data and statistics in this area.
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?
Qualitative Info
According to available official statistics the number of criminal proceedings for racist crime is very low (only 30 pre-trial proceedings for such crimes were instituted for the period 2006-2009). In the same time the information about the number of reported incidents to the police is confidential, so it is not possible to assess whether racist crimes are not reported to the police or the reported crimes are not investigated as racist crimes. However, in the ECRI report on Bulgaria of 2009, the Bulgarian authorities state that they receive few complaints for racist crimes. NGOs, on the other hand, report that hate crime cases are prosecuted as conventional crime, e.g. hooliganism.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?
No.
Qualitative Info
In its written comments to the United Nations Committee on the Elimination of Racial Discrimination the Bulgarian Helsinki Committee notes that although the state does not collect any statistics on the racially motivated hate crime, under unofficial information the number of private racist attacks has increased during the 2004-2008 period. Skinheads and other racist groups assault Roma or foreigners with darker skin colour. According to the Bulgarian Helsinki Committee in cases of racist crime, when prosecuted, the offenders are usually charged with ordinary crimes (murder, bodily injury, destruction of property, etc.) and thus the Bulgarian criminal justice system fails to address the racist nature of the crimes and to offer appropriate protection, the BHC comments say.
Groups affected/interested
- Migrants
- Refugees
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
External Url http://www.bghelsinki.org/index.php?module=resources&lg=en&id=0&cat_id=18#2009
See other countriesSee indicator history -
Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?
No.
Qualitative Info
The number of cases for racist crimes brought to court and the number of convicted individuals is very low (only two individuals were convicted for such crimes during the period 2009-2010). According to the Bulgarian Helsinki Committee this is due to the fact that offenders are usually charged with ordinary crimes (murder, bodily injury, destruction of property, etc.) and thus the justice system fails to address the racist nature of the crimes.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
External Url http://www.bghelsinki.org/index.php?module=resources&lg=en&id=0&cat_id=18#2009
See other countriesSee indicator history -
In the context of hate crime, is racist motivation treated as an aggravating circumstance?
Yes.
Qualitative Info
As of May 2011, racist and xenophobic motivation is treated as an aggravating circumstance by the law in the cases of murder (Article 116 (1) 11 of the Criminal Code) and bodily injury (Article 131 (1) 12 of the Criminal Code).
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?
The legal provisions on racist motivation as an aggravating factor are effective since 27 May 2011 and there is no relevant practice on their implementation.
Qualitative Info
The penalties provided for by these provisions are as follows: for murder with racist or xenophobic motivation – imprisonment of 10 up to 20 years, life imprisonment or life imprisonment without parole; and for bodily injury with racist or xenophobic motivation – imprisonment of 3 up to 15 years for heavy bodily injury, imprisonment of 2 up to 10 years for medium bodily injury, imprisonment of up to three years for light bodily injury with health disorder and imprisonment of up to 1 year or probation for light bodily injury without health disorder.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?
No.
Qualitative Info
The law does not make a difference whether the offender is a public servant or not. The court may take into account the occupation of the offender when determining the penalty.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
Have public servants been reported as being perpetrators of racist violence/hate crime?
No.
Qualitative Info
There is no available information about the occupation of the offenders of racist crimes.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there legislation against racist and hate crime?
-
Political Parties-organisations - Racist & Xenophobic Discourse
The hate speech/racist-xenophobic discourse is more likely accidental in Bulgaria’s political life and it is usually subjected to criticism by the public. ATAKA is probably the most popular nationalistic party in Bulgaria. Its leader is known for his xenophobic statements. Nationalistic disclosure is also connected with the Internal Macedonian Revolutionary Organization (IMRO).
-
Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
Yes.
Qualitative Info
ATAKA is probably the most popular nationalistic party in Bulgaria. In 2005 elections it campaigned under the slogan "Let's Give Bulgaria back to Bulgarians." It won the backing of 300,000 people, becoming the fourth largest party. ATAKA’s head Volen Siderov was widely known for his xenophobic statements. In 2011, he was convicted by court for making discriminatory remarks. Among ATAKA’s most popular campaigns was the ban on state-television broadcasts of Turkish-language news, protests against the speakers of the mosque in Sofia, etc.
Nationalist emotions are also connected with the re-establishment of the Internal Macedonian Revolutionary Organization (VMRO) in the 1990s. Before the First World War and between the two world wars the organization was internationally known as an incorporation of militant Bulgarian nationalist ideology and politics. However, despite its influence among some groups of the Bulgarian youth, the party is not a stable and influential political force. Its supporters, however, have been participating in the collision with the Jehovah’s Witnesses in Burgas, in the protests supporting the people of Katunitsa, and other major nationalistic events.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
-
Parties that express xenophobic discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda
Yes. These are ATAKA and IMRO.
Qualitative Info
ATAKA is probably the most popular nationalistic party in Bulgaria. In 2005 elections it campaigned under the slogan "Let's Give Bulgaria back to Bulgarians." It won the backing of 300,000 people, becoming the fourth largest party. ATAKA’s head Volen Siderov was widely known for his xenophobic statements. In 2011, he was convicted by court for making discriminatory remarks. Among ATAKA’s most popular campaigns was the ban on state-television broadcasts of Turkish-language news, protests against the speakers of the mosque in Sofia, etc.
Nationalist emotions are also connected with the re-establishment of the Internal Macedonian Revolutionary Organization (VMRO) in the 1990s. Before the First World War and between the two world wars the organization was internationally known as an incorporation of militant Bulgarian nationalist ideology and politics. However, despite its influence among some groups of the Bulgarian youth, the party is not a stable and influential political force. Its supporters, however, have been participating in the collision with the Jehovah’s Witnesses in Burgas, in the protests supporting the people of Katunitsa, and other major nationalistic events.
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
External Url http://rezultati.cik2009.bg/results/proportional/rik_00.html
See other countriesSee indicator history -
Is hate speech/racist-xenophobic discourse a wider, more 'mainstream', phenomenon in the political sphere?
No.
Qualitative Info
The hate speech/racist-xenophobic discourse is more likely to be defined as accidental and it is usually subjected to criticism by the public.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Anti-racism
-
Nation-wide organisations that express racist or xenophobic sentiments/discourse in the form either of hate speech or promote an anti-migrant and/or anti-minority agenda
No.
Qualitative Info
However, there are media reports about the existence of neo-Nazi organisations operating locally in Bulgaria’s second largest city of Plovdiv. According to the media, the Blood and Honour organisation unifies the skinheads, while three other organisations, named Combat 18, C 18, and Plovdiv 28, bring together people with fascist views. The most popular of these organisations has some 400-500 supporters. The majority of the organisations’ followers are teenagers of lower positions in the hierarchy forming so called ‘squads for self-protection’. Their leaders are described as of age of 30s and 40s, well educated and with prestigious professions. These organisations are alleged of being responsible for numerous street fights, attacks against Roma, migrants, and homosexuals.
Groups affected/interested
- Migrants
- Ethnic minorities
- Religious minorities
- Lesbian, Gay, Bisexual and Transgender
Type (R/D)
- Extremism - organised Racist Violence
External Url http://www.monitor.bg/article?id=219011
See other countriesSee indicator history
-
Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
-
Anti-racist Policies & Organisations
There are no specific government policies on combating racism and related ideologies. The civil society organisations are active in opposing racist activities.
-
Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
No.
Qualitative Info
Policies or programmes aimed at combating racism and related ideologies have not been formed or implemented in Bulgaria.
Key socio-economic / Institutional Areas
- Anti-racism
-
Has regional/local governance made a significant attempt at combating racism and related ideologies?
No.
Qualitative Info
There is no information on efforts by local authorities to combat racism and related ideologies.
See other countriesSee indicator history -
In your country are there any non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity?
No.
Qualitative Info
There are no organizations in Bulgaria which direct exceptionally to the problem of racism. However, the human rights and minority organisations work towards countering all forms of racist activities.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
-
Non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity
The Bulgarian Helsinki Committee is among the organisations most actively countering racism.
Qualitative Info
The Bulgarian Helsinki Committee has the strongest traditions in opposing racist activity. The objectives of the committee are to promote respect for the human rights, to stimulate legislative reform to bring Bulgarian legislation in line with international human rights standards, to trigger public debate on human rights issues, to carry out advocacy for the protection of human rights, and to popularise and make widely available human rights instruments.
BHC holds the main role in raising the public awareness about the problems of racism. By its research activities, the BHC attempts to fill the gaps of data availability and produces the main output of reports on the problem.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-racism
External Url http://www.bghelsinki.org/
See other countriesSee indicator history -
Are there examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies?
No.
Qualitative Info
There is no information about such activities.
Key socio-economic / Institutional Areas
- Anti-racism
-
Is there a direct participation of anti-racist, anti-discrimination and victim group organisations in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and/or policies?
Yes.
Qualitative Info
The Bulgarian authorities consult with NGOs in the development of anti-racist an anti-discrimination laws and policies. Such are the Law for Protection against Discrimination, the Criminal Code; strategies as the National Roma Integration Strategy 2012 – 2020, etc.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Are there NGOs - other civil society organisations supporting victims of discrimination on the grounds of race, ethnic origin and religion in court?
Yes. There are organisations which provide legal aid to victims of discrimination.
Qualitative Info
Among these are Bulgarian Helsinki Committee, Association for European Integration and Human Rights, Bulgarian Lawyers for Human Rights, Equal Opportunities Association, Association for Strategic Management DELPHI. They provide legal aid for discrimination cases on the grounds of race, ethnic origin and religion in Bulgarian or international courts.
Groups affected/interested
- Migrants
- Refugees
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
-
Policing - Law Enforcement - Justice
The law enforcement and judiciary officials do not undergo regular training on anti-racism or cultural sensitivity. Certain projects are implemented under which a limited number of police officers undergo human rights trainings in an irregular basis. The law enforcement regulations do not define ethnic profiling. Studies by NGOs show that police stops are often motivated by individuals’ ethnicity.
-
Does the training of the police force incorporate anti-racism or cultural sensitivity?
Qualitative Info
The Academy of the Ministry of Interior is the institution that offers training of high-level state officials in the field of security and public order. The academic programmes have disciplines of human rights and professional ethics. The National Security Protection discipline trainees have the option of selecting, among all, a subject of “Balkan Ethnic Stereotypes”.
The line officers training do not include anti-racism or cultural sensitivity education.
There are occasional trainings held locally and on irregular basis.Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.academy.mvr.bg/default.htm
See other countriesSee indicator history -
Are there police professional associations thatpromote and endorse anti-migrant/anti-minority agendas and discourse?
No.
Qualitative Info
There is no data about such organizations.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
-
Is there a legal definition / sanctioning of ethnic profiling?
No.
Qualitative Info
The Law on the Ministry of Interior regulates the activities of the police officers. It does not include any definition or sanctioning on ethnic profiling.
The duties of the patrolling and guarding activity units (PGA units) are regulated by the Instruction Regarding the Patrolling and Guarding Activity Carried Out by the Ministry of Interior, known as Instruction I-23, which mandates officers to “respect the dignity and rights of all citizens, without discriminating according to age, gender, sexual orientation, race, ethnicity, political views and nationality.” (I-23, p. 24, Chapter 4, Part 1, art. 57(1)).
The ethics code of the Ministry of Interior officials says: “Within its activities the MoI respects, protects and regards the human rights by assisting the promotion of the rule of law and does not allow discrimination.”
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.mvr.bg/NR/rdonlyres/393641E6-9B0A-4C41-A7CA-5833EC80B50C/0/Etichen_kodeks.pdf
See other countriesSee indicator history -
Is there evidence or indication that the police force engages in ethnic profiling?
Yes.
Qualitative Info
In 2006, the Center for the Study of Democracy published a report ‘Police Stops and Ethnic Profiling in Bulgaria’, based on own sociological survey. The study finds a disproportionate number of stops that target members of the Roma community. Such stops are motivated primarily by the individuals’ ethnicity, i.e. the Roma become subject to police ethnic profiling practices. In some cases, the police act unprofessionally during stops using insults, threats and physical abuse, disregarding citizens’ rights and demanding bribes.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
External Url http://www.csd.bg/artShow.php?id=7937
See other countriesSee indicator history -
Is there evidence that the immigration services engage in ethnic profiling?
No.
Qualitative Info
There is no such data available.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
-
Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?
No.
Qualitative Info
There is no sufficient data available on which such conclusions can be made.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
-
Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?
Yes.
Qualitative Info
In 2006, the Center for the Study of Democracy published a report ‘Police Stops and Ethnic Profiling in Bulgaria’, based on own sociological survey. The study finds a disproportionate number of stops target members of the Roma community as such stops are motivated primarily by the individuals’ ethnicity, i.e. the Roma become subject to police ethnic profiling practices. In some cases the police act unprofessionally during stops using insults, threats and physical abuse, disregarding citizens’ rights and demanding bribes.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
External Url http://www.csd.bg/artShow.php?id=7937
See other countriesSee indicator history -
Is there evidence of police violence against migrants/minorities in custody?
Yes.
Qualitative Info
Bulgaria has been convicted by the European Court of Human Rights for police violence against 31 persons in 26 cases during the 1998 – 2010 period. The share of Roma is about 30 % - 11 persons.
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
External Url http://www.echr.coe.int/ECHR/EN/Header/Case-Law/Decisions+and+judgments/HUDOC+database/
See other countriesSee indicator history -
Do migrants/minorities face disproportionate problems in accessing justice?
Yes.
Qualitative Info
According to a study, conducted in 2007 by an NGO in northeastern Bulgaria among representatives of the vulnerable groups, ethnic minorities being one of these, the main obstacle regarding the access to justice is financial. The court fees and the tariffs for court-related services (such as photocopying of court papers) are too high and are often preventing the representatives of the minorities from receiving quality or any service in courts. Observers also state that the appointed by the court defense counsels, who great part of the minority representatives use being unable to pay for a lawyer, offer service of lower quality. Minorities’ representatives state that they note that the prosecutors and defense counsels deliberately strive towards reaching an agreement at early stage of the trial sometimes by urging their clients to plead guilty.
In a survey, conducted by the Center for the Study of Democracy, asylum seekers report to face financial obstacles in covering transport expenses for attending court hearings and meetings with their legal aid counselors. Accidently, Kurdish asylum seekers report to have appointed in courts Arabic interpreters, who they do not understand.
Groups affected/interested
- Refugees
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://www.ngo-rz.org/arhives/gn4.pdf
See other countriesSee indicator history -
Is there evidence of differential sentencing?
No.
Qualitative Info
There is no data available on which such conclusions can be made.
Groups affected/interested
- Migrants
- Refugees
- Ethnic minorities
- Asylum seekers
-
Does the training of the police force incorporate anti-racism or cultural sensitivity?
-
Employment
The unemployment rates of the Turkish and Roma minority groups are lower than those of the Bulgarians. Under official data 87.7% of the Bulgarians in work age are employed, while within the Turkish minority group that share stands at 74.3%. The lowest employment rate is observed within the Roma ethnic group - 50.2% of the population in work age. Unemployment rate of migrants is close to the one of Bulgarians. Data on employment rate among refugees in not available.
-
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?
Yes.
Qualitative Info
Confederation of Independent Trade Unions in Bulgaria (CITUB) within its Sixth Congress voted a Resolution 13 on Equal Opportunities, Countering Discrimination and Work with Vulnerable Groups. As of 2001, CITUB has a national coordinator for work with minorities. CITUB also has National Policy for Work with Minorities.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
External Url http://www.knsb-bg.org/
See other countriesSee indicator history -
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of migrants groups?
Yes.
Qualitative Info
Confederation of Independent Trade Unions in Bulgaria (CITUB) within its Sixth Congress voted a Resolution 13 on Equal Opportunities, Countering Discrimination and Work with Vulnerable Groups.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
External Url www.knsb-bg.org
See other countriesSee indicator history
-
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?
-
Housing & Segregation
The concentration of Roma in segregated neighborhoods is an emerging problem in both urban and rural areas. This concentration in separate quarters usually leads to social isolation, to the deterioration of living conditions, problems with construction and maintenance of infrastructure and sanitation, to transport problems and difficulties in providing services. There have also been examples of forced evictions of Roma families illegally occupying certain territories.
-
Is there evidence of significant levels of segregation between migrant groups and the majority population?
No.
Qualitative Info
The number of migrants in Bulgaria is not that high allowing formation of segregated areas.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Housing
-
What is the ethnic origin of the highly segregated migrant group?
There are no eminent segregated migrant groups.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Housing
-
Is there evidence of significant levels of segregation between minority groups and the majority population?
Yes.
Qualitative Info
Probably the most serious problem faced by Roma is the increasing spatial differentiation of their community. The concentration of Roma in segregated neighborhoods has increased over the last 15 years in both urban and rural areas. This concentration in separate quarters usually leads to social isolation, to the deterioration of living conditions, problems with construction and maintenance of infrastructure and sanitation, to transport problems and difficulties in providing services. One of the worst consequences of this differentiation is the deterioration of the opportunity for younger generations to access quality education and the growing demand and difficulties in finding employment.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Housing
External Url http://www.nccedi.government.bg/page.php?category=125&id=1633
See other countriesSee indicator history -
What is the ethnic origin of the highly segregated minority group?
Roma.
Qualitative Info
Probably the most serious problem faced by Roma is the increasing spatial differentiation of their community. The concentration of Roma in segregated neighborhoods has increased over the last 15 years in both urban and rural areas. This concentration in separate quarters usually leads to social isolation, to the deterioration of living conditions, problems with construction and maintenance of infrastructure and sanitation, to transport problems and difficulties in providing services. One of the worst consequences of this differentiation is the deterioration of the opportunity for younger generations to access quality education and the growing demand and difficulties in finding employment.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Housing
-
Is there evidence of denial of housing/housing rights for certain ethnic groups?
Yes.
Qualitative Info
There have been examples of forced evictions of Roma families illegally occupying certain territories. The forced eviction of Romani families from the Sredetz neighbourhood in the Vazrazhdane district of Sofia was followed by a decision of the European Court of Human Rights (ECHR) after which the forced eviction was suspended. Another example is the decision of the European Committee of Social Rights (ECSR) on Complaint No 31/2005, European Roma Rights Centre v. Bulgaria. The ECSR issued a decision concluding that , among all, ‘the lack of legal security of tenure and the non-respect of the conditions accompanying eviction of Roma families from dwellings unlawfully occupied by them’ constitute violations of Article 16 of the Revised European Social Charter taken together with Article E.
Another case of denial of housing rights concerns the refugees in Bulgaria. Under the national and municipal legislation socially vulnerable families can apply for accessing a municipality-owned residential property. The municipal regulations, however, for example in Sofia, require that at least one member of the applicant families should have been registered at a permanent address in Sofia for at least 10 years without interruption.
Groups affected/interested
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Housing
External Url http://sofiacouncil.bg/?page=ordinance&id=57
See other countriesSee indicator history
-
Is there evidence of significant levels of segregation between migrant groups and the majority population?
-
Education
There is evidence about significantly lower enrollment rates among Roma. School segregation is another main problem regarding the Roma minority. Part of Roma children are enrolled in schools without sufficient knowledge of Bulgarian language and without being mastered basic knowledge and skills necessary to cope in the learning process. Refugees also face problems related to insufficient language skills that impact negatively their educational performance.
-
Evidence of school segregation and/or policies of separate/distinct schooling of migrants
No.
Qualitative Info
The number of migrants in Bulgaria is not that high allowing formation of segregated schooling.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
-
Evidence of school segregation and/or policies of separate/distinct schooling of minorities
Yes.
Qualitative Info
School segregation is a main problem regarding the Roma minority. It can be considered as a consequence of, among all, the residential segregation. The quality of education in the so called “Roma schools” is significantly lower than the other schools. In its report entitled ‘A Review of the Bulgaria School Autonomy Reforms’ the World Bank, citing data of the Ministry of Education, Youth and Science, says that the number of segregated Roma schools has declined from 105 to 64 in 2010 due to the school consolidation reforms and the desegregation efforts of the authorities.
There have been numerous projects supporting the desegregation process during the past years. According to Ministry of Labour and Social Policy a total of 5,633 Roma children have been integrated in mainstream schools.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Education
-
Evidence of school segregation and/or policies of separate/distinct schooling of migrants
-
Health And Social Protection
More than 33% of the Roma of the age of above 15 have never paid health insurance and thus deprived from the rights of health-insured persons, compared to some 6.0% of the Bulgarians. Different epidemics are specific to the Roma group. They are related to the ineffectiveness of immunisation campaigns among the inhabitants of segregated Roma neighbourhoods.
-
Is there evidence of forced heatlhcare/intervention practices to minorities?
No.
Qualitative Info
There is no data available on which such conclusion can be made.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
-
Is there evidence of forced heatlhcare/intervention practices to minorities?
-
Public Life, Culture, Sport & Media
Self-identification of individuals is the only criterion for recognition of minority or ethnic groups' rights by the state. The State generally respects the freedom of peaceful assembly and the freedom of association for migrants. However, the ECtHR has repeatedly sentenced Bulgaria for denying the right of association by refusing to register OMO Ilinden Pirin - an organization that promotes the recognition of Macedonian minority in Bulgaria.
-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
Representatives of the two largest minority groups can be found in TV programmes.
Qualitative Info
Representatives of the two largest minority groups can be found in TV programmes. It is unable to assess the share of minority representatives among all types of media professionals.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
-
Media: Frequency and relevance of hate speech incidents in public life (and media) and media representations against migrants and minorities?
Hate speech incidents are not of frequent occurrence.
Qualitative Info
Most of the incidents are directly related to the members of the rightist political party ATAKA.
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Media
- Political discourse -parties - orgs
-
Sport: Racism, racist violence and hate speech in sporting venues (and reporting and policing thereof)?
There are certain incidents of racism in football venues reported to the Bulgarian Football Association’s Disciplinary Committee.
Qualitative Info
The only information about racist incidents in men's professional adult sport concerns football. During the last few years, several such incidents have been sanctioned by the Disciplinary Committee of the Bulgarian Football Association. There are also a number of media reports describing racist incidents in football. Most of the cases concern racist behaviour on the part of supporters (racist chants, offensive slogans or symbols, etc.). No such incidents have been considered by the Disciplinary Committee of the Bulgarian Football Association in 2011.
Groups affected/interested
- Ethnic minorities
Type (R/D)
- Nationalism
Key socio-economic / Institutional Areas
- Sport
External Url http://www.bfunion.bg/bg/58?month=&year=
See other countriesSee indicator history -
Sport: Is hate speech ground for sanctions to sport clubs and applied/applicable in practice?
Yes, in football.
Qualitative Info
Under the Disciplinary Regulations of the Bulgarian Football Union among the disciplinary violations are “the use of bold, abusive or insulting language or gestures” and “manifestations of discrimination and racsm”. The football club, which allows racist incidents, is imposed a fine of 10,000 levs (about 5,000 euro).
In November 2011, the Bulgarian Football Union was fined by 40,000 euro by UEFA’s Disciplinary Commission for racist chants of Bulgarian fans against English nationals at a Bulgaria – England Euro2012 Championship qualification.
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Sport
External Url http://www.bfunion.bg/media/upload/1092.pdf
See other countriesSee indicator history
-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?