Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 292, Mars 1994

1. 333. The Committee examined this case at its meeting of February 1993 (see 286th Report of the Committee, paras. 474 to 513, approved by the Governing Body at its 255th Session (March 1993)), when it presented interim conclusions. The Government sent new observations in communications dated 6 October 1993 and 17 January 1994.
2. 334. Bulgaria has ratified the Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 335. At its meeting in February 1993, the Committee examined a complaint by the Confederation of Independent Trade Unions in Bulgaria (CITB) and the World Confederation of Organizations of the Teaching Profession (WCOTP) concerning the issue of the devolution of assets acquired by Bulgarian trade unions after 1944. The complainant organizations had alleged that an Act which came into force on 19 December 1991 and which declared that the assets acquired by the Central Council of Bulgarian Trade Unions after 9 September 1944 must be considered as illegally acquired and thus should be confiscated by the State was contrary to the principles and standards of international law.
2. 336. During this meeting, the Committee made the following recommendations (see 286th Report of the Committee, para. 513):
   • (a) The Committee invites the Government and all the trade union organizations concerned to establish, as soon as possible, a formula to settle the question of the assignment of funds covered by the Act of 19 December 1991 so that the Government may recover the assets that correspond to the accomplishment of the social functions which it now exercises and all the trade union organizations are guaranteed on an equal footing the possibility of effectively exercising their activities in a fully independent manner. It requests the Government to provide information on developments and, in particular, on any agreement which may be reached in this respect.
   • (b) It requests the Government also to restore to CITB the voluntary contributions paid by its members after its establishment in February 1990.
   • (c) The Committee requests the Government to provide without delay its observations on the allegations concerning the judicial proceedings under way against Mr. Ivan Neikov, Vice-President of the CITB, and on the restrictions on freedom of movement which prevented him from attending the International Labour Conference.

B. The Government's reply

1. 337. In its communication of 6 October 1993, the Government states that it examined the problem of the devolution of trade union assets from the beginning of 1993. Thus following negotiations between the Government and the representative trade union organizations of Bulgaria, it was decided, by common agreement, to redistribute the trade union assets confiscated under the Act of 19 December 1991 between the State and the said trade union organizations.
2. 338. In order to implement this agreement, the Government promulgated Decree No. 54 of 17 March 1993 which amends and supplements Decree No. 3 of 1992 respecting the order of transfer of the assets to the successors of the organizations whose assets were subject to the Act of 1991. As a result of the changes made in 1993, the Council of Ministers ordered the free transfer to the trade union organizations of some of the assets from those confiscated from the former Bulgarian trade unions in order to allow them to fulfil their functions.
3. 339. By a decision of 18 March 1993, prepared by a working group set up under a special ordinance of the Council of Ministers, the Government determined the following distribution principles: 10 per cent of the assets would be transferred to the State, 55 per cent to the CITB and 35 per cent to the Podkrepa Confederation. Furthermore, the decision provided for the free transfer to the trade unions of the buildings in which they have their headquarters.
4. 340. The Government also states that a working group was set up to implement the decision of 18 March 1993. It is chaired by the Ministry of Territorial Development and Construction and includes amongst its members representatives of the Council of Ministers, the Ministry of Finance and two trade unions.
5. 341. The Working Group established rules and procedures for the definition and distribution of the assets. Problems arose during its work, in particular concerning the search for or recuperation of ownership documents. Furthermore, it was only after a considerable period of time (towards mid-July) that the CITB presented the ownership documents required. Furthermore, these contain a number of contradictions with the ownership declared for the purposes of the implementation of the Act of 1991. There has also been a delay in the drafting and preparation of protocol agreements on the distribution between the two trade union organizations of local assets - which must be approved by the regional governors. According to the Government, the Working Group is making every possible effort to speed up all this work.
6. 342. As regards the allegation that Mr. Ivan Neikov was prohibited from leaving Sofia, the Government states that such a measure was not taken and that Mr. Neikov participated in the 79th and 80th Sessions of the International Labour Conference. The Government adds that the legal restrictions against him have been lifted and that the judicial proceedings against him were annulled at the end of 1992.
7. 343. In its communication of 17 January 1994, the Government states that the Working Group continued its work and Decisions Nos. 403 and 406 of the Council of Ministers contained provisions for the distribution of confiscated assets in the Lovech, Haskovo, Varna and Montana regions. As regards the other regions, a final distribution of trade union assets is currently in progress.
8. 344. At the same time, according to the Government, following an appeal lodged by trade unions not included in the distribution of confiscated assets on the grounds that they had not been regarded as representative, the Supreme Court of Bulgaria in its Ruling No. 444 of 13 December 1993 (a copy of which has been provided by the Government) declared Decree No. 54 of 17 March 1993 of the Council of Ministers (providing for the free transfer to trade union organizations of assets confiscated from the former Bulgarian trade unions to allow them to fulfil their functions) and point 1(A) of the Decision of 18 March 1993 (specifying quotas for the distribution of confiscated assets between the State, the CITB and the Podkrepa Confederation) null and void. The Government states that, with regard to point 1(A) of the Decision of 18 March 1993, it is now for the Government to enact a new law on which the continued work of the Working Group will be based. It also states that it will hold talks with the social partners on further measures to be taken to effect the distribution of trade union assets, and that it will inform the Committee of any developments regarding this.

C. The Committee's conclusions

1. 345. The Committee notes with interest the information provided by the Government that an agreement in principle has been reached between the State and the representative trade union organizations to redistribute the trade union assets confiscated under the Act of 19 December 1991, which had been the subject of the complaint examined by the Committee in February 1993.
2. 346. The Committee also observes that the Government states that several measures have been taken to implement this agreement in principle: (i) the Government has promulgated Decree No. 54 of 17 March 1993 amending Decree No. 3 of 1992 respecting the compulsory transfer of trade union assets to the successors of the organizations covered by the Act of 1991; (ii) the Council of Ministers has ordered the free transfer to the trade union organizations of some of the assets confiscated from the former Bulgarian trade unions in order to enable them to fulfil their functions; (iii) a governmental decision of 18 March 1993, prepared by a Working Party, has established a distribution of assets between the State, the CITB and the Podkrepa Confederation; (iv) a joint government-trade union Working Group has begun work on the implementation of the governmental decision in question; (v) in Decisions No. 403 and 406 of the Council of Ministers, provision has already been made for the distribution of assets in the Lovech, Haskovo, Varna and Montana regions; (vi) as regards other regions, final distribution of trade union assets is currently in progress.
3. 347. The Committee first of all welcomes the nature and rapidity of the measures which the Government, in consultation with the trade union organizations concerned, has already taken to implement the recommendations which it made in February 1993 and to distribute the trade union assets and funds confiscated by the State under the Act of 19 December 1991 in a manner which is consonant with the functions now fulfilled by the Government and the exercise of their activities by the trade union organizations concerned.
4. 348. The Committee notes, however, that, in a ruling by the Supreme Court of 13 December 1993, Decree No. 54 of 17 March 1993 of the Council of Ministers (providing for the free transfer to trade union organizations of some of the assets confiscated from the former Bulgarian trade unions to allow them to fulfil their functions) and point 1(A) of Decision of 18 March 1993 (specifying quotas for the distribution of confiscated assets between the State, CITB and the Podkrepa Confederation) were declared null and void. It notes also that as regards point 1(A) of the Decision of 18 March 1993, the Government intends to enact a new law on which the continued work of the Working Group will be based and will hold talks with the social partners on further measures to be taken to effect the distribution of trade union assets.
5. 349. Under these circumstances, the Committee requests the Government, in conformity with the recommendation made in the Committee's 286th Report, paragraph 513, and with its own declaration, to make every possible effort as quickly as possible and in keeping with the Supreme Court's ruling, so that a new law be adopted defining the principles for the redistribution of trade union assets confiscated from the former Bulgarian trade unions, with a view to allowing the Working Group to continue its work and ensuring that all the measures already taken and those yet to be taken will in the near future result in a definitive allocation of the assets and funds covered by the law of 1991. It asks the Government to keep it informed of developments in the situation and requests it, in keeping with its stated intention, to provide copies of the specific and final decisions concerning this distribution as soon as they are approved by the Council of Ministers.
6. 350. As regards the voluntary contributions which the members of the CITB have paid in since the establishment of this Confederation in February 1990 and which had also been confiscated under the Act of 1991, the Committee notes that no information was provided by the Government in this regard. It trusts that the voluntary contributions paid since February 1990 will be included in the share of the confiscated assets which will be transferred to the CITB. It requests the Government to keep it informed of measures taken in this respect.
7. 351. As regards the allegations concerning the judicial proceedings taken against Mr. Ivan Neikov, Vice-President of the CITB and the restrictions on freedom of movement which prevented him from attending the International Labour Conference, the Committee notes the information provided by the Government that it did not prohibit Mr. Ivan Neikov from leaving Sofia, that he had participated in the 79th and 80th Sessions of the International Labour Conference, that the legal restrictions against him have been lifted and that the judicial proceedings against him were annulled at the end of 1992. In the light of this information, the Committee considers that this aspect of the case does not call for further examination.