Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee notes with interest the adoption of the first Act on Protection Against Discrimination of 24 September 2003 providing a comprehensive protection against discrimination on a number of grounds in employment and occupation, vocational training and education and conditions of work. Section 4 of the Act prohibits direct and indirect discrimination on the basis of "sex, race, nationality, ethnic origin, citizenship, origin, religion or belief, education, opinions, political belonging, personal or public status, disability, age, sexual orientation, marital status, property status, or any other grounds, established by law or by international treaties to which the Republic of Bulgaria is a party". It also notes with interest the Law Amending and Supplementing the Labour Code of 18 June 2004 which inserts in paragraph 3 of section 8 the additional grounds of "sexual orientation" and "differences in contract time and duration of working time", upon which discrimination is prohibited. Noting that Chapter III of the Act on Protection against Discrimination 2003 establishes a committee for the protection against discrimination with advisory, investigative and quasi-judicial powers, the Committee asks the Government to provide information on the specific activities and decisions taken by this Committee to ensure and promote the legislation which implements the Convention. Please also provide information in future reports on the implementation, enforcement and impact in practice of the provisions of the new Act on Protection Against Discrimination.

2. Articles 2 and 3. Discrimination on the basis of national extraction or religion. In its previous observation, the Committee expressed concern over the treatment of ethnic minority groups of Turkish and Roma origin and the fact that a general climate of prejudice and intolerance against minorities prevailed which had led to instances of discriminatory practices. The Committee notes in this regard the information provided by the Government on the various programmes aimed at the integration of these groups in society and the labour market through employment creation and vocational training. It notes in particular the Programme for the Integration of Minorities, the activities carried out under "Beautiful Bulgaria" and the project "Employment by supporting business - JOBS targeting the Roma community". The Committee acknowledges the efforts taken by the Government to work with the Roma community and to improve the employability and qualifications of ethnic minority groups. It points out, however, that in the absence of an evaluation by the Government, through surveys or otherwise, on the effectiveness of these programmes as to the elimination of discrimination in recruitment and access to employment and adequate vocational training of persons belonging to the Roma and Turkish communities, the Committee is unable to monitor and assess the progress made under the Convention. The Committee urges the Government to undertake such an evaluation and to provide information on the progress made in its next report. Please also provide information on any measures taken or envisaged, including by the Committee for the Protection Against Discrimination, to monitor the employment situation of Bulgarians of Roma and Turkish extraction in order to ensure their equal access to training and employment.

3. Considering the abovementioned concern over the treatment of and intolerance against ethnic minority groups of Turkish and Roma origin, the Committee asks the Government to indicate the concrete and proactive measures taken to raise public awareness and promote respect and tolerance for these ethnic minority groups in society in general.

4. Article 3. For a number of years the Government has been asked to provide information on the application in practice of the Act on Political and Civil Rehabilitation of Repressed Persons. In particular, the Committee had requested information on the number of men and women of Turkish origin who had applied for and obtained compensation under the implementing decrees of this Act (Nos. 139 of July 1992 and 249 of December 1992). The Committee also hoped that the Government would indicate the number of repatriated workers of Turkish origin, who were unemployed but not receiving benefits, who were able to benefit from the compensation provided by Decree No. 170 of 30 August 1990 regarding the restoration of real estate to Bulgarian citizens of Turkish origin who were forced to leave Bulgaria during the period May-September 1989. Noting the Government’s statement that the information requested is not available in the judicial statistics system, the Committee asks the Government to indicate how it has been monitoring the application of the abovementioned legislation in order to ensure adequate compensation for past discrimination of the men and women concerned.

The Committee is raising certain other points in a request addressed directly to the Government.